IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 36656 of 2007(L) ---------------------------------- PETITIONER(S): --------------- ABDUL WAHID, W/O.ABDULRAHIMAN RAWTHER, AGED 58 YEARS, KALLUVILA PUTHENVEEDU,MANKODE P.O. VIA. KADAKKAL, PIN-691 559. BY ADV. SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE SRI.M.A.ABDUL HAKHIM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. RESURVEY SUPERINTENDENT, KOLLAM. 4. THE TAHSILDAR, KOTTARAKKARA. 5. THE VILLAGE OFFICER, MANKODE P.O., PIN-691559. 6. OMANA, OLAYILPURAYIDAM, NEAR THEVALLY GOVERNMENT VETERINARY HOSPITAL, KOLLAM. 7. VIJAYAN, OLAYILPURAYIDAM, NEAR THEVALLY GOVERNMENT VETERINARY HOSPITAL, KOLLAM. ADV. SRI.P.SIVARAJ FOR R6-7 SRI. ANTONY MUKKATH -GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36656 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF RECEIPT OF THE VILLAGE OFFICE, MANKODE FOR PAYMENT OF BASIC TAX FOR THE SAID 1 ACRE 28 CENTS. EXT.P2: COPY OF RELEVANT PORTION OF THE REPORT OF THE VILLAGE OFFICER, MANKODE TO THE DISTRICT COLLECTOR TAKING POSSESSION OF THE AFORESAID 2 ACRE 49.773 CENTS. EXT.P4: COPY OF COMPLAINT BY THE 2ND RESPONDENT DISTRICT COLLECTOR TO THE ADDITIONAL TAHSILDAR, KOTTARAKKARA. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.36656 OF 2007 ---------------------------------------------- Dated this the 9th day of June, 2011 JUDGMENT The petitioner's father late Sri. Abdulrahiman Rawther was the declarant in Ceiling Case No.303/1973 of the Taluk Land Board, Kottarakkara. As per order dated 30.3.1985 in the said Ceiling Case, excess lands were directed to be surrendered. The same have been surrendered and taken possession of by the respondents. The petitioner now complains that the respondents are trying to take over other properties of the petitioner claiming the same to be the properties surrendered by the petitioner's father. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(a) issue a writ of mandamus or such other writ order or direction compelling the respondents not to take possession of any land in excess of 1 Acre 99.773 cents comprised in old Sy.Nos.623/1-41 & 623/1-61 of Mankode Village mentioned in Ext.P3 or of 1 Acre 28 cents mentioned in Ext.P1 in the ownership and possession of the petitioner and preventing the respondents from entering into the same. (b) issue a writ of mandamus or such other writ order or direction compelling respondents 1 to 5 to correct the mistake regarding the extent of land liable to be surrendered by the father of the W.P.(C)No.36656/07 2 petitioner in Ceiling case No.C.C.No.303/1973 of the Taluk Land Board, Kottarakkara committed in the Resurvey. (c) Declare that the respondents are not entitled to take possession of any portion of 1 Acre 28 cents mentioned in Ext.P1 in the ownership and possession of the petitioner. (d) Issue a writ of mandamus compelling the 5th respondent, Village Officer to receive the basic tax for 1 Acre 28 cents mentioned in Ext.P1 from the petitioner for the period from 1996. (e) Issue a writ of mandamus compelling respondents 1 to 5 to make enquiry on the complaint of the petitioner dated 26/9/2003 referred to in Ext.P3 after notice to the petitioner and pass final order and communicate the final order to the petitioner”. 2. A counter affidavit has been filed by the 1st respondent wherein it is stated that the properties surrendered by the petitioner's father have already been taken possession of and the State has no intention to take possession of any further property from the petitioner. This is recorded. As such, there is no relevance for the prayers (a), (b), (c) and (e). As far as prayer No.(d) is concerned since there is a dispute as to whether the petitioner is in possession of the land in question, it would be open to the petitioner to get his grievance redressed by filing a suit for the same. With the above observation, this writ petition is closed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.36656/07 3 W.P.(C)No.36656/07 4