IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 11917 of 2006(R) -------------------------------------- PETITIONERS: ---------------------- 1. K.SREEKALA, D/O.CHIRANGARA KUTTAPPAN, CHIRANGARA HOUSE, RAYAMANGALAM, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, NOW RESIDING AT MANCHAKKATTIL, THIRUVAMKULAM.P.O, PIN-682 305. 2. K.BAIJU, S/O.CHIRANGARA KUTTAPPAN, CHIRANGARA HOUSE, KURUPPAMPADY DESOM, RAYAMANGALAM, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR SRI.ASWIN GOPAKUMAR SRI.ANWIN GOPAKUMAR RESPONDENTS: ---------------------- 1. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. 2. TAHSILDAR, KANAYANNUR TALUK. 3. VILLAGE OFFICER, THIRUVAMKULAM. GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11917/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE SALE DEED NO.3256/03 DT. 20.11.03. P2:- COPY OF THE SALE DEED NO.1468/06 DT. 31.3.06. P3:- COPY OF THE LETTER NO.C8.13129/95/L.DIS DT. 28.12.95 ISSUED BY TALUK OFFICE KANAYANNUR. P4:- COPY OF THE LETTER NO.TB(1) 10465/95 DT. 26.12.95 ISSUED BY PRL. AGRICULTURAL OFFICER, ERNAKULAM , KOCHI 30. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.11917 of 2006 ---------------------------------------------- Dated 15th October, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “ Issue a writ of mandamus or any other appropriate writ, direction or order restraining the respondents from prohibiting the petitioners from developing the land covered by Exts.P1 and P2 and referred to in Exts.P3 and P4 for construction of their residential houses, so far as there is no law or orders for imposition of such prohibition in view of Exts.P3 and P4.” The main contention of the petitioners is that for the mere fact that there is prescription of the property in the revenue records, the petitioners cannot be prevented from constructing residential houses, since what they purchased and possessed is actually dry land, where there was no cultivation of any agricultural crops for several years. It is submitted that during the pendency of the writ petition, petitioners have developed the land and constructed residential houses. There is no counter affidavit. Therefore, the writ petition is disposed of making it clear that there shall be no further proceedings against the petitioners under the provisions of the Kerala Land Utilization Order. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No. 11917 of 2006 ---------------------------------------------- J U D G M E N T Dated 15th October, 2008.