IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 RP.No. 353 of 2008(T) ------------------------------- (AGAINST W.P(C) NO.3525 OF 2008) REVIEW PETITIONER - THIRD PARTY : ------------------------------------------------ IBRAHIM MOHAMMED HANEEFA S/O. IBRAHIM, 5/4, AMBALAMUKKU, PERURKADA P.O., THIRUVANANTHAPURAM - 5 BY ADV. SRI.M.RAMASWAMY PILLAI RESPONDENTS - PETITIONER & RESPONDENTS: ------------------------------------------------------------------ 1. M.P. JAYAKUMAR, S/O. MADHAVAN PILLAI, AGED 49, VILAYILVEEDU, DARBHAKATTACKAL, NEERAMAN KADAVU, MITRUMMALA, VAMANAPURAM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.' 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL) THIRUVANANTHAPURAM. 5. TRIVANDRUM DEVELOPMENT AUTHORITY, TRIDA BUILDING, VAZHUTHACAUD, THIRUVANANTHAPURAM. 6. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SHRI BASANT BALAJI R2 TO 4 & 6 BY ADVOCATE SHRI K.A. JALEEL, SC FOR R5. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = R.P. NO.353 OF 2008 IN W.P(C) NO.3525 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 14th day of March, 2008 O R D E R ------------- Review Petition is filed by strangers to the Writ Petition. Writ Petition was filed by the first respondent in the Review Petition alleging that respondents 3 to 6 acquired a portion of the land belonging to him in which a portion of the building was also situated. It was further alleged in the Writ Petition that respondents 3 to 6 have demolished a portion of the building, but without any reason they stopped the work midway. After getting instructions, Government Pleader had submitted that delay has caused on account of the resistance of certain illegal occupants and to evict those occupants and complete demolition of the structure two weeks' time was required. I closed the Writ Petition directing the respondents therein to complete the demolition of the building within two weeks from that date. I did not consider any issue on its merits. R.P. NO.353 OF 2008 IN W.P(C) NO.3525 OF 2008 -: 2 :- 2. The grievance of the Review Petitioner is that he is the real owner of the property and building and he acquired title by adverse possession. According to him he is in possession of the property from 1954 onwards. It was also submitted that the property originally belonged to one Ammukutty Amma and after her death nobody has come forward and claimed any right. Whether the petitioner has perfected title by adverse possession is a matter to be considered by a competent civil court. If the petitioner has got any claim under the Land acquisition Act, he should approach the competent authority under the Land Acquisition Act and file necessary application. Review Petitioner has got a further case that he is being harassed by police. Police is not made a party to this proceedings. If the Review Petitioner has got any grievance against the police, he can approach the appropriate authority. But there is no error apparent on the face of record in the judgment passed by me on 14.2.2008. Hence this Review Petition is only to be closed. 3. So without prejudice to the rights of the Review Petitioner to take recourse to the remedies available to him R.P. NO.353 OF 2008 IN W.P(C) NO.3525 OF 2008 -: 3 :- under law before the appropriate authorities, this Review Petition is closed. Interlocutory Application No.353 of 2008 shall stand allowed. K. PADMANABHAN NAIR, JUDGE. vsv SPOKEN ON 22.4.2008 In the Review Petition petitioner has filed I.A. No.153 of 2008 to implead him as the additional 6th respondent. Though the Review Petition was closed, the I.A. was allowed. But while noting the number of the I.A. a typographical error has crept in and the number of I.A. was typed as I.A. No.353 of 2008 instead of I.A. No.153 of 2008. So the number of the I.A. written in the order in the Review Petition is to be corrected as I.A. No.153 of 2008 after deleting I.A. No.353 of 2008. In the result, the number of I.A. stated in the last R.P. NO.353 OF 2008 IN W.P(C) NO.3525 OF 2008 -: 4 :- paragraph in the order passed in the Review Petition as I.A. No.353 of 2008 is corrected as I.A. No.153 of 2008. The Office is directed to issue corrected copy to the parties. If the parties had already received certified copies, the same shall be returned for getting corrected copies. K. PADMANABHAN NAIR, JUDGE. vsv R.P. NO.353 OF 2008 IN W.P(C) NO.3525 OF 2008 -: 5 :- K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008