IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 35242 of 2007(U) ----------------------------------------- PETITIONER(S): ---------------------- O.C. THOMAS, S/O. O.T.ALEXANDER, 12TH FLOOR, WHITE WATERS, NEAR KUNDANOOR BRIDGE, ERNAKULAM. BY ADV. SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LAND SURVEY AND LAND RECORDS, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF LAND SURVEY, CIVIL STATION, THRIPUNITHURA. 3. A.L. JOSEPH, AGED 55 YEARS, S/O. LONAN, ARAKKAL HOUSE, CHATAMMA, KUMBALAM VILLAGE, KANAYANNUR TALUK. 4. ANTONY, AGED 48 YEARS, S/O. OUSEPH, ARATHARA HOUSE, CHATAMMA, KUMBALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. R2 BY GOVT. PLEADER SRI.NOBLE MATHEW ADV. SRI.P.JACOB VARGHESE, SENIOR ADVOCATE FOR R3 & 4 BY ADVS.SRI.VARUGHESE M EASO FOR R3 & 4 SRI.VIVEK VARGHESE P.J. FOR R3, 4 SMT.PRAISHEEL PRAKASAM FOR R3, 4 SMT.NISHA JOHN FOR R3, 4 SRI.K.B.ARUN FOR R3, 4 SMT.ELIZEBETH MEERA FOR R3, 4 SRI.P.J.VINOD JOSEPH FOR R3, 4 SMT.NITHARA GAYATRI FOR R3, 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.35242/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE DEED BEARING NO. 4423/2003. P2:- COPY OF THE SALE DEED BEARING NO.4424/2003. P3:- COPY OF THE SURVEY MAP OF SURVEY NO.108 IN BLOCK NO.17. P4:- COPY OF THE ORDER IN THE COUNTERCLAIM IN OS. 907/2005 OF THE LEARNED MUNSIFF COURT, ERNAKULAM DTD. 30.6.2006. P5:- COPY OF THE IN OS 860/2007 PENDING BEFORE THE MUNSIFF COURT, ERNAKULAM. P6:- COPY OF THE ORDER OF THE LEARNED MUNSIFF IN IA. 5547/2007 IN OS. 860/07. P7:- COPY OF THE APPLICATION DTD. 26.7.07. P8:- COPY OF THE STATEMENT DTD. 23.8.2004. P9:- COPY OF THE ORDER DTD. 24.8.07 AND NUMBERED AS D2.256/07. P10:- COPY OF THE PROCEEDINGS IN SA. 89/04. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S.SIRI JAGAN, J. ================== W.P.(C).No. 35242 of 2007 ================== Dated this the 8th day of December, 2011 J U D G M E N T The petitioner is the owner of 70.30 cents of water front land situated in block No.17, in Kanayannur Taluk in Kumbalam Village in Ernakulam district. The petitioner purchased the said property by Exts.P1 and P2 sale deeds executed by respondents 3 and 4, who were the prior owners of the land. Pursuant to the purchase of the property, to protect the petitioner's land, the petitioner constructed an embankment wall in the water front. In between the boundary of the petitioner's property and the embankment wall, there was 8.99 cents of land, which was reclaimed by the petitioner. The petitioner alleges that respondents 3 and 4 got the said 8.99 cents of unnumbered land numbered in their names by Ext.P8. That was without an application from respondents 3 and 4 for assignment of the land in their favour or for inclusion of the land in their names. In Ext.P8 it is stated that the property has been numbered in the name of respondents 3 and 4 by proceedings in S.A.No.89/2004. The petitioner has produced proceedings in S.A.No.89/2004 as Ext.P10, which, according to the petitioner, relates to a completely different property and a completely different block in favour of a different person. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief; w.p.c.35242/07 - : 2 :- “Issue a writ of certiorari or other appropriate writ, order or direction quashing the Ext.P8 and all proceedings pursuant thereto.” 2. At the time of admission, this Court recorded the submission of the petitioner that the petitioner is not laying any claim on the property in question and that he only wants the error committed by the 2nd respondent corrected appropriately. 3. The 2nd respondent has filed a counter affidavit. Respondents 3 and 4 have not chosen to file any counter affidavit at all. In the counter affidavit of the 2nd respondent, the 2nd respondent practically admits the contentions of the petitioner. It is not disputed before me that the said 8.99 cents of land forms river puramboke. If that be so, it could not have been assigned to anybody. Apart from that, respondents 3 and 4 have no claim that that land has been assigned in their favour. As rightly pointed out by the petitioner, Ext.P10 proceedings would show that S.A.No.89/2004 is in respect of some property in the name of one Sri.C.A.Jaffer. It is not disputed by the 1st respondent that it is in respect of the property in survey No.51/8, whereas the property involved in this writ petition is in respect of survey Nos.108/9 and 108/10. If that be so, the entire proceedings of the 2nd respondent in numbering the said property in the name of respondents 3 and 4 are completely without jurisdiction and in fact it would amount to a malafide act on the part of the person who was manning the office of the 2nd respondent at that time. In the w.p.c.35242/07 - : 3 :- above circumstances, Ext.P8 is quashed in respect of the property in question. It is declared that the property in question is Government puramboke. The 1st respondent shall immediately see that the property is taken possession of and preserved as river puramboke. The same shall not be assigned to anybody. The 1st respondent shall also see that the person who was manning the office of the 2nd respondent at the relevant time is proceeded against appropriately for his illegal action. The said action shall be taken, completed and reported to this Court, as expeditiously as possible, at any rate, within six months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. But the writ petition shall be posted on 1.7.2012 for compliance report. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge