IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 221 of 2010(C) ------------------------ PETITIONER(S): --------------- N.J.SIMON, AGED 50 YEARS, S/O.K.JOSEPH, MAMPALLIL HOUSE, P.O.PADNAKKAD, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, VIDYANAGAR, KASARGODE. 3. THE REVENUE DIVISIONAL OFFICER, KANHANGAD, KASARGODE DISTRICT. 4. THE TAHSILDAR, HOSDURG, PO KANHANGAD, KASARGODE DISTRICT. 5. THE ASSOCIATE DEAN, KERALA AGRICULTURAL UNIVERSITY, COLLEGE OF AGRICULTURE, PO PADNAKKAD, KASARGODE DISTRICT. GOVT. PLEADER SHRI.M.A.ASIF ADV.K.P.MUJEEB, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 221 OF 2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE RECEIPT DTD.16.2.74. P2. COPY OF THE RECEIPT DTD.12.10.84. P3. COPY OF THE LETTER DTD.13.12.04 BY THE REGISTRAR, AGRIL. UNIVERSITY. P4. COPY OF THE REPLY. P5. COPY OF THE ORDER DRTD.12.2.2009 BY R4. P6. COPY OF THE ORDER DTD.24.10.09 BY R3. P7. COPY OF THE ORDER DTD.30.12.94 BY R2. P8. COPY OF THE JUDGMENT IN W.P.(C).No. 13078/09. sdk+ ///True copy/// P.A. to Judge . S.SIRI JAGAN, J. ================== W.P.(C).No. 221 of 2010 ================== Dated this the 28th day of May, 2010 J U D G M E N T The petitioner is aggrieved by Exts.P5, 6 and P7 orders, whereby, on a finding that the petitioner is in possession of Government land, he has been directed to vacate the same. The petitioner's contention is that although the land is Government land, the petitioner and his father have been in possession of the same for over 46 years and, therefore, they have perfected their title in respect of the property by adverse possession. I am of opinion that in view of Section 20 of the Kerala Land Conservancy Act, the petitioner's remedy lies in filing a suit for declaration of title on the basis of adverse possession. Section 20 of the Kerala Land Conservancy Act reads thus: “20. Saving of suits by persons aggrieved by proceedings under this Act.- No suit against the Government shall be entertained in any Civil Court in respect of any order passed under this Act except upon the ground that the land in respect of which such order has been passed is not a land which is the property of Government whether a poramboke or not; Provided that Civil Courts shall not take cognizance of any such suit unless it shall be instituted within one year from the date on which the cause of action arose.” The above section abundantly makes it celar that the petitioner's remedy lies in filing a suit to prove his title, which he claims he has perfected by adverse possession. Therefore, this writ petition is w.p.c.221/10 2 dismissed without prejudice to the right of the petitioner to file a suit for declaration of his title as provided under Section 20. However, the petitioner shall not be evicted from the property in question for a period of two months to enable the petitioner to file a suit and seek interim orders therein. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge