IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 9053 of 2007(C) ------------------------- PETITIONER(S): ------------------ 1. RAMESH BABU, S/O P.K.RAMAN, PUTHENTHARA, NOW NAMED AS RAM NIVAS, VAIKAM VILLAGE, VAIKOM MUNICIPALITY, VAIKOM.. 2. RASHMI P.R., D/O P.K.RAMAN, DO. DO. 3. REMA P.R., D/O P.K.RAMAN, DO. DO. 4. REMYA P.R., D/O P.K.RAMAN, DO. DO. BY ADV. SRI.T.S.JOHN SRI.M.S.RADHAKRISHNAN NAIR RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, PALAI. 3. THE CIRCLE INSPECTOR OF POLICE, VAIKOM. 4. THE VAIKOM MUNICIPALITY, REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE, VAIKOM. ADV. SRI.K.REGHU KOTTAPPURAM GOVT.PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9053/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF PATTA NO.6890 (LA 593/80) ISSUED BY THE TAHSILDAR, VAIKOM TALUK IN RESPECT OF SURVEY NO.197 OF VAIKOM VILLAGE DT 12.2.1981. EXT.P2: TRUE COPY OF THE PETITION DT 9.3.2007 BEFORE THE 2ND RESPONDNET BY THE PETITIONERS. EXT.P3: TRUE COPY OF PETITION DT 9.3.2007 BEFORE THE 3RD RESPONDENT BY THE PETITIONERS. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 9053 OF 2007 (C) ===================== Dated this the 7th day of October, 2009 J U D G M E N T On the strength of Ext.P1 patta issued in favour of Sri.P.K.Raman, whose legal representatives are the petitioners, they claim title over 7.5 cents of land in Sy.No.197/1 of Vaikom Village, Vaikom Taluk. It is stated that adjacent to their land, Municipality owns 6.8 cents of land. The apprehension of the petitioners is that the Municipality is proposing to fill up not only the land over which it has title, but also will tresspass into the aforesaid 7.5 cents belonging to them and will fill up their land as well. On this basis, the prayer sought is to direct the Municipality not to fill up 7.5 cents of wet land belonging to the petitioners, covered by Ext.P1 patta. 2. Despite service of notice, there is no counter affidavit filed by the Municipality. 3. Ext.P1 is the patta on the strength of which petitioners are claiming title over 7.5 cents mentioned above. So long as the petitioners hold title over the land, the Municipality or anybody else for that matter, cannot tresspass into their land and carry out WPC 9053/07 :2 : any activity. Therefore, even if Municipality wants to have any developmental work, that should be confined to the land over which it has title. Therefore, the writ petition is disposed of directing that the Municipality shall not fill up any portion of the land over which it does not have title. ANTONY DOMINIC, JUDGE Rp