IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 30894 of 2006(C) ------------------------------------- PETITIONER(S): ---------------------- VALLUVAMBALI SAFIYA, D/O. VALLUVAMBALI MOYIN, VELLAYOOR AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAJESH KORMATH RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM, CIVIL STATION, MALAPPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, ALONG WITH WPC NO. 30903 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.30894/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER DT. 31.5.80 OF THE TALUK LAND BOARD, ERNAD. P2:- COPY OF THE LAYER NOTICE DT. 14.6.06 SENT BY PETITIONER AND HER SISTER TO THE SIT RESPONDENT. P3:- COPY OF THE ACKNOWLEDGEMENT CARD DT. 15.6.06 EVIDENCING RECEIPT OF EXT.P2 NOTICE BY THE IST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) Nos.30894 & 30903 of 2006 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT The writ petitions are filed praying for reconveyance of the land wrongly taken possession from the petitioners. In the former, according to the petitioners such extent is 3 acres and in the latter it is 2.22 acres. The stand taken in the counter affidavit would indicate that the land was mistakenly taken possession. However, there is dispute with regard to the extent. There will be a direction to the first respondent, District Collector, to take steps to fix the boundary of the property in the light of the documents and referred to by the petitioners in the writ petitions and other documents referred to in paragraph 2 of the counter affidavit within a period of three months from the date of receipt of a copy of this judgment. Based on the survey thus conducted action will be taken to reconvey the land within another one month. The writ petitions are disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C) Nos.30894 & 30903 of 2006 ----------------------------------- JUDGMENT 22nd October, 2008