IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 17085 of 2011(I) -------------------------------------- PETITIONER: ------------------- LATHA, PULIMOOTTIL HOUSE, PUNNAMOOD, MAVELIKKARA. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT IN THE DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. COMMISSIONER, LAND REVENUE, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. DISTRICT COLLECTOR, ALAPPUZHA -688 001. 4. TAHSILDAR, TALUK OFFICE, MAVELIKKARA- 690 101. 5. THEKKEKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THEKKEKKARA GRAMA PANCHAYATH, PALLARIAMANGALAM P.O., ALAPPUZHA-689 511. R1 TO R4 BY GOVT. PLEADER SRI. GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17085/2011-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GIFT DEED DTD. 10/06/1985. EXT.P.2: COPY OF THE PUBLIC NOTICE ISSUED BY C.P.I.(M) THEKKEKKARA LOCAL COMMITTEE ON 07/08/1983. EXT.P.3: COPY OF THE LETTER DTD. 25/03/1983 ISSUED BY THE THEN PRESIDENT OF MAVELIKKARA THEKKEKKARA PANCHAYATH. EXT.P.4: COPY OF THE JUDGEMENT DTD. 20/11/2009 IN O.S. 146/2008 OF THE MUNSIFF'S COURT OF MAVELIKKARA. EXT.P.5: COPY OF THE LETTER NO. A3-11/08 DTD. 17/06/2009 OF THEKKEKKARA GRAMA PANCHAYATH. EXT.P.6: COPY OF THE REPLY DTD. 03/07/2009 SEND BY THE PETITIONER. EXT.P.7: COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE DISTRICT COLLECTOR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.17085 OF 2011 ------------------------------- DATED THIS THE 13TH DAY OF JULY, 2011 JUDGMENT This writ petition is filed seeking a writ of mandamus directing the respondents to desist from interfering with the peaceful possession of the petitioner's property otherwise than through due process of law and also for prohibiting the respondents from conducting any survey or measurements of the property of the petitioner without due notice to him. 2. It is averred in the writ petition that petitioner is the owner of 18.30 Ares of property in resurvey No.257/3 of Thekkekkara Village. It is further averred that the petitioner received a correspondence from the 5th respondent-Panchayat intimating its intention to acquire property of 70 x 1.5 meters dimension, from the northern end of the property for the purpose of widening the pathway to Valil Colony. The grievance of the petitioner is that without considering the objections preferred -2- W.P.(C).No.17085/2011 against the proposed acquisition, the revenue officials on 17/6/2011 entered upon her property and marked the land. In the aforesaid circumstances, this writ petition is filed seeking the relief mentioned above. 3. When the matter was taken up for consideration today, the petitioner brought to this Court's attention the communication received from the Special Tahsildar, LA, (General), Alappuzha dated 23/6/2011 intimating him that notice will be issued to the respective owners of the property, as and when the land acquisition proceedings are initiated. The said communication is produced as Ext.P8. This writ petition is filed apprehending that without issuing notice to the petitioner, proceedings are initiated to acquire a portion of her land. On the basis of Ext.P8 communication received pending writ petition, no further orders are necessary. Writ Petition is disposed of as above. -3- W.P.(C).No.17085/2011 Petitioner shall produce copy of this judgment before the Special Tahsildar, LA (General) Alappzhua and the 5th respondent. HARUN-UL-RASHID, Judge. kcv.