IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 18775 of 2008(I) -------------------------- PETITIONER(S): --------------- KUNJUMUHAMMAD HAJI, 50 YEARS, S/O.SAIDALI HAJI, MOOKKADA HOUSE, KANJIRAKKADU KARA, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, KOOVAPPADY PO.KOOVAPPADY. 2. THE TAHSILDAR, KUNNATHUNADU, KUNNATHUNADU TALUK OFFICE, PERUMBAVOOR 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE MUVATTUPUZHA 4. THE SUB INSPECTOR OF POLICE, KODANADU GOVERNMENT PLEADER SRI.M.A. ASIF FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True Photostat copy of the sale deed. Ext.P2. True copy of the prior deeds of Ext.P1 documents. Ext.P3. True copy of the possession certificate of the property. Ext.P4. True copy of the location sketch. Ext.P5. True copy of the photograph showing the lie of the property. Ext.P6. True copy of the representation dated 15.6.2008 submitted by the petitioner to the District Collector. // true copy // P.A to Judge. ANTONY DOMINIC,J. --------------------- W.P.(C).No.18775 OF 2008 ------------------------ Dated this the 27th day of March, 2009. JUDGMENT The prayer in this writ petition is to direct the respondents, not to interfere with the development of the petitioner's property covered by Ext.P1. Petitioner submits that the property is fully planted with teak and coconut. According to the petitioner, in order to improve the cultivation, he wants to add soil around the trees and when that was attempted, the same was obstructed by the respondents. It is thereupon that the writ petition is filed. The only objection that is raised in the counter affidavit filed is that, in the basic tax register the land is classified as a wet land. However, the photographs produced by the petitioner shows that, it is a fully developed garden land, which means that the classification in the basic tax register is totally unrelated to the actual WP(c).No.18775/08 /2/ nature of the land. If so the respondents are not justified in not permitting the petitioner to make improvements in the land in order to improve the cultivation. Therefore it is ordered that it will be open to the petitioner to carry out the developmental activities in the land and the respondents are restraining from interfere with the same. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.18775/08 /2/