IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WA.No. 2081 of 2010 ------------------------ AGAINST THE JUDGEMENT IN WPC.23092/2010 Dated 14/09/2010 .................... APPELLANT/PETITIONER --------------------------- P.NARAYANAN,S/O.KRISHNAN, PARAKKOTTIL HOUSE,ANGADIPURAM,MANAGING PARTNER SABRINA HOTEL,PERINTHALMANNA,MALAPPURAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENTS/RESPONDENTS ---------------------------------- 1. THE DISTRICT COLLECTOR,MALAPPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS),PERINTHALMANNA,MALAPPURAM DISTRICT. 3. THE COMMISSIONER OF LAND REVENUE, GOVERNMENT OF KERALA,PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,THIRUVANANTHAPURAM-33. 4. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No.2081 of 2010 ------------------------------------------ Dated this the 9th day of February, 2011 JUDGMENT Ramachandra Menon, J. The appellant/petitioner is before this Court challenging the judgment passed by a learned Single Judge declining interference in the writ petition with regard to the grievance of non-renewal of the lease of 2 cents of land lying near the property of the appellant; which was being used by the appellant for parking the vehicles coming to the hotel being run by the appellant as the Managing Partner of a firm constituted in this regard. 2. The case of the appellant is that the aforesaid two cents of land situated in Sy.No.92/2 of Perinthalmanna Village lies by the side of a P.W.D. Road, i.e. Nilambur State Highway and the same was sought for by way of lease which was sanctioned in the year 1995 as per the proceedings of the first respondent. It is stated that the lease in respect of the said property was renewed from time to time till the year 2006. But, when further application was made in the year 2006 for renewal of the lease, no objection certificate was not issued by the P.W.D. authorities stating that the said land was required for the purpose of widening the road. Considering the facts and figures, Ext.P4 order dated 25.4.2008 was passed by the W.A.No.2081 of 2010 - 2 - District Collector, i.e. the first respondent herein, turning down the request for renewal; which made the appellant to approach the Commissioner of Land Revenue by filing an appeal. The Commissioner of Land Revenue also rejected the request as per Ext.P7 order dated 15.1.2010, which made him to file a revision petition before the Government as borne by Ext.P8 along with Ext.P9 petition for stay. However, the appellant, instead of pursing the matter before the Government, chose to approach this Court by filing the writ petition raising many a ground which was considered, leading to the impugned judgment, which is the subject matter of challenge in this writ appeal. 3. Going by the materials on record, there is no dispute with regard to the fact that the concerned property is 'puramboke land' belonging to the Government and that the lease arrangement continued only till the year 2006. It is stated that the appellant is ready and willing to surrender the property as and when the same is necessitated for the purpose of road widening. That does not create any legal right on the appellant, nor is there any infringement of right of the appellant so as to have issued a writ of mandamus directing the concerned respondent to renew the lease. In the said circumstances, we find that the finding and reasoning given by the learned Single Judge declining interference in W.A.No.2081 of 2010 - 3 - the writ petition is perfectly within the four walls of law. No interference is warranted. Writ appeal fails and the same is dismissed accordingly. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns