IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 8246 of 2010(E) ------------------------- PETITIONER(S): --------------- B.SARALAMANI, PRANAVAM, VALLAMKULAM P.O. ERAVIPEROOR VILALGE, TIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPRUAM. 2. LAND REVENUE COMMISSIONR, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 4. THE DISTRICT SUPERINTENDENT OF SURVEY AND LAND RECORDS, OFFICE OF THE DISTRICT SUPERINTENDENT OF SURVEY, PATHANAMTHITTA. 5. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, THIRUVALLA. 6. THE VILLAGE OFFICER ERAVIPEROOR VILLAGE. 7. RAJU VARGHEAE, KUTTIYIL HOUSE VALLAMKULAM, THIRUVALLA. 8. OMANA RADHAKRISHNAN, CHUNKATHIL HOUSE, VALLAMKULAM, THIRUVALLA. 9. MEENAKSHY AMMA, MELEMURIYIL HOUSE, VALLAMKULAM, THIRUVALLA. ADV. SRI.T.P.PRADEEP FOR R7-R9 BY G.P.SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:- COPY OF SALE DEED NO.471/2006 EXT.P2:- COPY OF TAX RECEIPT EXT.P3:- COPY OF ORDER DTD.17.6.2009 EXT.P4:- COPY OF APPEAL PETITION EXT.P5:- COPY OF COMPLAINT DTD.24.8.2009 EXT.P6:- COPY OF JUDGMENT IN WP(C) NO.19771/09 EXT.P7:- COPY OF OLD SURVEY PLAN EXT.P8:- COPY OF RE-SURVEY PLAN EXT.P9:- COPY OF REQUEST DTD.9.9.09 EXT.P10:- COPY OF JUDGMENT IN WP(C) NO.34365/09 EXT.P11:- COPY OF ORDER DTD.24.9.2009 EXT.P12:- COPY OF R.P. EXT.P13:- COPY OF ORDER DTD.27.2.2010 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ------------------------------ W.P.(C) No. 8246 OF 2010 ------------------------------- Dated this the 14th day of JUNE, 2010 J U D G M E N T The petitioner challenges orders under the Kerala Land Conservancy Act and Rules. According to him, the property sought to be resumed from the petitioner is not Government land and it happened to be included as Government land in the revenue records only because of a mistake in the re-survey records. The petitioner therefore seeks the following reliefs: “(i) To call for the records leading to Exts.P3, P- 11 and P-13 and to issue a writ of Certiorari or other appropriate writ, direction or order quashing Exhibits P-3, P-11 and P-13; (ii) To issue a writ of Mandamus directing the Official Respondents not to evict the petitioner from the alleged encroached area as directed in Exts.P-3, P-11 and P-13”. 2. I have heard the learned Government Pleader also. 3. Three authorities under the Kerala Land Conservancy Act and Rules have specifically found that the land in question is W.P.(c)No.8246/10 2 Government land. In fact in Ext.P13 order, it has been specifically stated that before initiating action survey and demarcation of the land have been done. In so far as the petitioner's contention is that the land is not Government land, his remedy lies in filing a suit for declaration of title, which right is saved in Section 20 of the Kerala Land Conservancy Act. If the petitioner's contention is that re-survey records have to be corrected, his remedy lies in approaching the re- survey authority appropriately. Therefore, without prejudice to those rights, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.8246/10 3 W.P.(c)No.8246/10 4