IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 18416 of 2007(P) ------------------------------------ PETITIONER(S): ----------------------- ANCY MATHEW, AGED 42 YEARS, D/O.MATHEW, PUTHENPURAYIL HOUSE, HOUSE NO.80/X, KOZHICHAL, PANATHADY P.O., KASARAGOD DISTRICT. BY ADVS. SRI.GEORGE JACOB (JOSE) SMT.REENA ABRAHAM SMT.RESHMI POULOSE RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, KASARAGOD. 2. THE TAHSILDAR, HOSDURG TALUK, KASARAGOD. 3. THE VILLAGE OFFICER, PANATHADY, HOSDURG TALUK, KASARAGOD. 4. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.11.2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.18416/2007 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF OFFER OF ASSESSMENT DATED 31.3.1991 OF THE 1ST RESPONDENT P2: COPY OF THE DEED DATED 21.10.1993 P3: COPY OF THE COMMUNICATION DATED 16.12.1994 OF THE 2ND RESPONDENT P4: COPY OF THE RECEIPT DATED 10.3.1999 EVIDENCING PAYMENT OF LAND TAX BY THE PETITIONER TO THE 3RD RESPONDENT P5: COPY OF THE PETITION DATED 20.3.2006 ADDRESSED TO THE 2ND RESPONDENT RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.18416 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2011 J U D G M E N T By Ext.P2 deed of assignment in registry dated 21.10.1993, 50 cents of land was assigned in favour of the petitioner. The petitioner was also given financial assistance as evidenced by Ext.P3 by the Government. The petitioner has been regularly paying tax in respect of the assigned land as evidenced by Ext.P4 tax receipt. The petitioner's complaint in this writ petition is that the assigned land has not been demarcated and given possession to the petitioner. The petitioner seeks the following reliefs: “i) to issue a writ in the nature of mandamus or other appropriate writ or order directing respondents 1 to 3 to measure, demarcate and give possession to the petitioner 50 cents of land described in Ext.P2 deed of assignment within a stipulated time-frame. ii) to issue a declaration that the respondents are duty bound to act in accordance with the Kerala Land Reforms Act and the Rules framed thereunder by giving possession to the petitioner of the property assigned to her by Ext.P2 within a time limit to be stipulated by this Hon'ble Court for that purpose.” 2. A counter affidavit has been filed by the 4th W.P.(C)No.18416 of 2007 -2- respondent taking the stand that the land assigned to the petitioner was already pointed out and given possession of, to the petitioner immediately after the assignment. The stand taken in the counter affidavit is that, subsequent to the assignment and taking over possession by the petitioner, somebody else has encroached into the petitioner's property. Now the petitioner's attempt is to get the Government to evict those encroachers from the land. It is pointed out that, it is after 15 years of assignment of the land the petitioner has come with a case that the assigned land has not been delineated and given possession of to the petitioner. I am of opinion that, evidently after the land was assigned to the petitioner, somebody else has encroached into the land. Therefore the petitioner's remedy lies in approaching the civil court or appropriate other authorities for eviction of the encroachers. It is particularly so since the encroachers are not parties to this writ petition. In the above circumstances, without prejudice to the right of the W.P.(C)No.18416 of 2007 -3- petitioner to seek her remedies elsewhere, this writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/