IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 2383 of 2006(H) ------------------------------------- PETITIONER(S): ------------------------ NALINI, D/O.LATE AYYAN EACHERN, THEKKUPURATHU HOUSE, MALAKAYAL, PARAVOOR VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI.P.A.NOOR MUHAMMED SRI.C.K.PRASAD SRI.VIKANTH K.PUTHUMANA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM DIST. * 3. BALAKRISHNAN (DIED), S/O.PADMANABHAN, AMBADI HOUSE, PARAVOOR, KURUMANDEL, KOLLAM DISTRICT * 4. SREENIVASAN (DIED), S/O.PADMANABHAN, THILAK BHAVAN, PARAVOOR, KURUMANDEL, KOLLAM DISTRICT. * ADDL. R5 & R6 IMPLEADED *R5. SALIN, S/O BALAKRISHNAN, AMBADI HOUSE, PARAVOOR, KURUMANDEL, KOLLAM DISTRICT. VPV WPCNO.2383/2006 *R6. THILAKA P.S., D/O. SREENIVASAN, THILAK BHAVAN, PARAVOOR, KURUMANDEL, KOLLAM DISTRICT. *ADDL. R5 & R6 ARE IMPLEADED AS THE LEGAL HEIRS OF RESPONDENTS 3 & 4 AS PER ORDER DATED 8/12/2010 IN I.A. 16801/2010. R1 & R2 BY GOVERNMENT PLEADER SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.2383/2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 01.11.2001 IN O.P.NO.32951/2001 OF THIS HONOURABLE COURT. EXT.P2: COPY OF THE ACKNOWLEDGMENT RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT'S OFFICE DATED 07.12.2001. EXT.P3: COPY OF THE PASS WITH WHICH THE PETITIONER WAS PERMITTED TO MEET CHIEF MINISTER. EXT.P4: COPY OF THE ACKNOWLEDGMENT CARD DATED 11.08.03. EXT.P5: COPY OF THE REPRESENTATION DATED 11.01.05 MADE BY THE PETITIONER. EXT.P6: COPY OF THE INTIMATION FROM THE HONOURABLE CHIEF MINISTER'S OFFICE. EXT.P7: COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE CHIEF MINISTER ON 01.09.2005. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.2383 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of December, 2011 J U D G M E N T The petitioner is in possession and enjoyment of 36 cents of puramboke land lying adjacent to their 51 cents of land comprised in survey No.64/20 (old 47 and 64/8) in Paravoor Village in Kollam District, in continuation of possession and enjoyment by their ancestors. Thirteen acres of land adjacent to the land in their possession was sold in an auction conducted by the Official Liquidator of the High Court of Kerala and the 3rd respondent purchased the 13 acres of land on 28.08.1975. According to the petitioner, the said 13 acres of land is exclusively in Meenad Village, which was later brought within Paravoor Village. The petitioner alleges that the 3rd respondent has managed to get possession of the puramboke land also with the help of the Revenue Authorities. The petitioner's representation for demarcation and separation of the 3rd respondent's 13 acres of land has not yet been favourably considered by W.P.(C)No.2383 of 2006 -2- respondents 1 & 2. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “1. To issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st and 2nd respondents to take urgent steps to see that 13 acres of land purchased by the 2nd respondent in auction from the Official Liquidator of this Hon'ble Court is measured and its boundaries are properly demarcated from the adjacent properties including that of the petitioner and the 36 cents of puramboku puthuval land comprised in Sy. No.64/20 (old Sy. No.47 and 64/8) of Paravoor Village. 2. To issue a writ of mandamus directing the 2nd respondent to take immediate action on Ext.P5 representation and to dispose it of. 3. To issue a writ of mandamus to the respondents 1 and 2 directing to allow the petitioner and her family to continue the possession of the puramboku puthuval land lying adjacent to the petitioner's property comprised in Sy. No.64/20 (old Sy. No.47 and 64/8) of Paravoor Village till the disposal of this writ petition” The respondents have not filed any counter affidavit. When the matter was taken up for hearing today, only the Government Pleader is present. Neither the counsel for the petitioner nor that of respondents 3 & 4 is present. I am of opinion that in the facts and circumstances of the case, it is only appropriate that the 2nd respondent considers Ext.P5 representation filed before the Chief Minister which has W.P.(C)No.2383 of 2006 -3- been forwarded to the 2nd respondent under cover of Ext.P6. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Ex.P5, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The 2nd respondent shall get the property measured and if any part of the property is puramboke land, not covered by the auction conducted by the Official Liquidator, the 2nd respondent shall see that the same is taken over as Government land whether it is in the possession of the petitioner or respondents 3 & 4, after complying with the statutory formalities. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/