IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 23798 of 2007(G) ----------------------------------------- PETITIONER(S): -------------------------- ALEYAMMA PAULOSE, TEACHER, CHITTAYATH HOUSE, NELLIMATTOM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 3. THE VILLAGE OFFICER, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. 4. KAVALANGADU GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, NELLIMATTOM P.O., KOTHAMANGALAM. 5. THE THASILDAR, KOTHAMANGALAM TALUK OFFICE, KOTHAMANGALAM. GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN FOR R1 TO R3 & R5 ADV. SRI.M.P.MADHAVANKUTTY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23798/2007 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTR NO.A-3-956/2004 DTD. 19/02/2004 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P2: COPY OF THE PETITION DTD. 27/02/2004 AND THE ENDORSEMENTS ON THE REVERSE SIDE. EXT.P3: COPY OF THE LETTR DTD. 5/07/2005 ISSUED BY THE 4TH RESPONDENT TO THE HUSBAND OF THE PETITIONER. EXT.P4: COPY OF THE LETTER DTD. 30/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT. EXT.P5: COPY OF THE RESOLUTION DTD. 28/05/2005 OF THE 4TH RESPONDENT PANCHAYATH. EXT.P6: COPY OF THE REQUEST OF THE 4TH RESPONDENT TO THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 23798 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November, 2008 JUDGMENT Petitioner seeks a direction to the 2nd respondent Revenue Divisional Officer to restore the ‘thodu’ pursuant to Ext.P4, which is a communication issued by the President of the Kavalangad Grama Panchayat. In the counter affidavit filed by the respondents a specific stand has been taken to the effect that there is no Government land involved in the subject matter of the litigation and the ‘thodu’ is not a puramboke land. Paragraph 3 and 4 of the counter affidavit reads as follows: “3. The (Ext.P6) application of the Kavalangad Grama Panchayat is not received in this office as per registers. As there is no government land involved in the subject matter, no action could have been taken in it. The thodu is not a puamboke land. As per BTR this thodu, comprises in Survey No.92/2/2/4/13, 91/1A/15/13 of Kuttamangalam Village, which are patta lands. As it is mentioned above this thodu is used as public path by the inhabitants of Thomman colony. They have no other way to reach their homes except this path made over this thodu is known that this portion of the thodu which used W.P.C.No. 23798 OF 2008 -:2:- as a pathway has been purchased by them from one Mr.Ali, S/o.Muhammed, Kottayil. 4. It is submitted that there is no encroachment is noticed anywhere in the area of the petitioner. The well water is also not seen to be contaminated from the thodu water by any means. The well has strong safe wall around it. So chance to enter other water from the property to the well is very remote. The geographical features of the land where the well lies is also against the arguments of the petitioner. Because this land is a little bit higher than the other portion of the total land. Therefore, there is no chance to enter the thodu water to the well.” 2. This court cannot decide the question as to whether the ‘thodu’, restoration of which is sought for by the petitioner, is a puramboke or not, in proceedings under Article 226 of the Constitution. It is a matter which will have to be decided by a civil suit. In the result, this Writ Petition is closed without prejudice to the contentions of the petitioner and without prejudice to the right to take appropriate proceedings before the civil court. (V. GIRI, JUDGE) ttb W.P.C.No. 23798 OF 2008 -:3:-