IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 OP.No. 4485 of 2001(H) --------------------------------- PETITIONER: ------------------- A.AMINABI, AMINALI SAW MILLS & WOOD, KALLAI, KOZHIKODE-2. BY ADV. SRI.A.P.CHANDRASEKHARAN (SR.) SMT.PRABHA R.MENON SRI.PUSHPARAJAN KODOTH SRI.M.KRISHNAKUMAR(MOHANKUMAR ASSOCIATES SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP.BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSINER,BOARD OF REVENUE, GOVT. OF KERALA , THIRUVANANTHAPURAM. 3 THE DISTRICT COLLECTOR, KOZHIKODE. 4. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 5. THE TAHSILDAR, KOZHIKODE. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/08/2008, ALONG WITH WPC NO. 9247 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.4485/2001 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE DOCUMENT DT. 27.8.1934 SHOWING THAT THE PROPERTY IN RS. NO.15-12-309 AND OTHER PROPERTIES WERE PUCHASED BY RUGMINI KOVILAMMA IN COURT AUCTION. EXT.P2:- COPY OF THE ORDER NO.REF./ B2-5771/97 DT. 2.5.98 ISSUED BY R5. EXT.P3;- COPY OF THE C-FORM UNDER RULE 11 OF THE LAND CONSERVANCY RULES ISSUEC BY R5. EXT.P4:- COPY OF THE ORDER DT. 15.8.99 ISSUED BY the 4TH RESPONDENT TO THE PETITIONER. EXT.P5:- COPY OF THE ORDER NO.L7-46371/99/(1) DT. 24.6.2000 ISSUED BY THE 3RD RESPONDENT TO PETITIONER. EXT.P6:- COPY OF THE ORDER NO.L.R.(K)3-29267/2000 DT. 20.9.2000 ISSUED BY the 12ND RESPONDENT TO THE PETITIONER. EXT.P7:- COPY OF THE DELIVERY ACCOUNT ISUED FROM THE MUNSIFF'S COURT, KOZHIKODE DT. 3.11.1934. EXT.P8:- COPY OF THE ASSIGNMENT DEED DT. 21.1.89. EXT.P9:- COPY OF THE ASSIGNMENT DEED DT. 13.2.1957 EXECUTED BY RUGMANI KOVILAMMA. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- O.P.No.4485/01 & W.P.(C) No.9247/05 ---------------------------------------------- Dated 29th August, 2008. J U D G M E N T Petitioner is aggrieved by the steps taken for eviction. According to the petitioner, she is the title holder of the property. The original stand taken by the respondents is that the land is a puramboke land. However, coming to the latter writ petition, it seems there is a change in that stand and the expression used is that the petitioner is a 'lessee'. Be that as it may, the main grievance of the petitioner is that the title deeds produced by the petitioner may be looked into, so as to trace out the title. It is seen from the impugned order in the former case that the petitioner had not produced any documents. I am afraid, that stand cannot be justified. The petitioner had produced Exts.P1 to P4 and there is no reference to those documents. Accordingly, the impugned orders in both cases are quashed with a direction to the Tahsildar, Kozhikode to look into the grievance of the petitioner adverting to the materials produced by the petitioner, and pass orders. It will also be open to the petitioner to produce any further material before the Tahsildar. Appropriate orders as above will be passed within four months from the date of production of a copy of the judgment. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- O.P.No.4485/01 & W.P.(C) No.9247/05 ---------------------------------------------- J U D G M E N T Dated 29th August, 2008.