IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 2113 of 2005(B) ------------------------------------- PETITIONER: ------------------- BABU S/O.ABRAHAM, POOKUNNEL HOUSE, NOW R/A. PUTHUPPADI, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.V.R.KESAVA KAIMAL, SRI.N.M.MADHU. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, KOTHAMANGALAM, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 3. THE VILLAGE OFFICER, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DIST. BY GOVT. PLEADER MRS. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2113/2005-B: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE STATEMENT FILED BY THE R.2. IN O.P. 11864/98. EXT.P.2: COPY OF THE JUDGMENT IN O.P. NO. 11864/1998. EXT.P.3: COPY OF THE JUDGMENT IN A.S. 56/1996 OF SUB COURT, MUVATTUPUZHA. EXT.P.4: COPY OF THE JUDGMENT IN O.P. 30694/2002. EXT.P.5: COPY OF THE LOCATION SKETCH ISSUED BY THE R.3. EXT.P.6: COPY OF THE PLAINT IN O.S. 520/90. EXT.P.7: COPY OF THE JUDGMENT IN O.S. 520/90 DTD. 20/11/1995. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 2113 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2008 JUDGMENT Father of the petitioner was issued with a purchase certificate in respect of certain extent of property. Out of the same, petitioner was assigned 76 cents by his father by a registered document dated 19.1.1985. Petitioner, who is an Engineer employed outside India, came back in the year 1997, submits the petitioner. He had to approach the second respondent seeking change of mutation in respect of 76 cents. Ext.P1 statement was filed, wherein it is stated inter alia that the petitioner was called upon to produce certain documents and that he did not produce the documents and subsequently the land was got surveyed by the Taluk Surveyor on 27.7.1998 and found that the petitioner was holding 65.50 cents of land and the remaining 10.50 cents was lying as road, and that mutation can be effected for an extent of 65.500 cents of land in actual possession of the petitioner after the disposal of the cases pending in the Sub Court. The Original petition filed by the petitioner was disposed of by Ext.P2 judgment, wherein taking note of the submission the court disposed of the matter directing that changes can be made in respect of 65.5 cents of land and in respect of the remaining property the dispute has to be resolved WPC. 2113/2005. 2 by the Civil Court. The present complaint in this writ petition is that by Ext.P5, which is the location sketch the property available with the petitioner is shown as 51.350 cents and the remaining extent has been taken possession of by the authorities without his consent. It is stated that there is no land acquisition proceedings and petitioner was not given any notice to take the possession of the said land and he was not given any compensation. Prayers in the writ petition are to direct the respondents to pay compensation to the petitioner in respect of the land utilized for the public purpose and which is comprised in Sy.No.1465/10 of Kothamangalam Village and that has been utilized for constructing a road or otherwise by the respondents. 2. I heard learned counsel for the petitioner and the learned Government Pleader. No counter affidavit is filed in the writ petition even though the writ petition was filed in 2005. Learned Government Pleader submits that actually petitioner is in possession of 67 and odd cents of land. 3. Learned counsel for the petitioner submits that a direction may be issued to grant possession certificate and location sketch. In such circumstances, the writ petition is disposed of as follows: If the petitioner applies for possession certificate, possession certificate with the site plan will be issued by the second respondent to the WPC. 2113/2005. 3 petitioner within a period of six weeks from the date of receipt of an application from the petitioner. Upon receipt of the possession certificate, it is for the petitioner to work out his remedies. I leave open the claim of the petitioner raised in this writ petition. (K.M. JOSEPH, JUDGE) sb