Two connected writ petitions were filed by Akhil Louiz, a landowner in Moothakunnam Village, Ernakulam, represented through his mother as power of attorney holder. W.P.(C) No. 21897 of 2022 challenged a notice dated 20.06.2022 initiating proceedings under the Kerala Land Conservancy Act, 1957 on the ground that the petitioner had encroached upon Government puramboke land. W.P.(C) No. 13004 of 2023 challenged an order dated 05.11.2022 (Ext.P34) rejecting the petitioner's application dated 25.11.2020 for NOC to start a petroleum outlet, the rejection being premised on the same allegation that the subject land forms part of Government puramboke.
The petitioner's counsel submitted that the core dispute — whether the land is private or puramboke — had not been conclusively determined, and sought a fresh survey with notice to the petitioner before any adverse decision was taken. The Government Pleader did not contest this course of action.
The Court disposed of both writ petitions by directing the sixth respondent (Tahasildar, Land Records, North Paravoor) to conduct a fresh survey of the property covered by the sale deed (Ext.P1) with notice to the petitioner and all affected parties, and to finalise the proceedings within two months of receipt of the judgment. Subject to the outcome of the survey, the ADM (second respondent) was directed to reconsider the NOC application (Ext.P5) and pass appropriate orders. Pending this exercise, all further proceedings pursuant to the Land Conservancy Act notice (Ext.P25) were stayed. Ext.P34, the order rejecting the NOC application, was set aside to facilitate fresh consideration.