IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 RSA.NO. 95 OF 2009() -------------------- {IN AS.17/2005 OF THE SUB COURT, THIRUVALLA IN OS.330/2000 OF THE MUNSIFF COURT, THIRUVALLA} .................... APPELLANT/APPELLANT/PLAINTIFF ---------------------------------------- C.P.MATHEW, AGED 50, S/O.LATE MATHEN PAULOSE @ C.M.PAULOSE, CHALAKUZHIYIL VEEDU, KADAPRA MANNAR, THIRUVALLA TALUK. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): RESPONDENTS/DEFENDANTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA. 2. REVENUE DIVISIONAL OFFICER, THIRUVALLA. 3. THE TAHSILDAR, THIRUVALLA TALUK OFFICE, THIRUVALLA. 4. VILLAGE OFFICER, KADAPRA VILLAGE OFFICE, KADAPRA. 5. SUBRAMANIYA IYYER, KOCHUMADATHIL HOUSE, MANNAR MURI, KADAPRA VILLAGE, THIRUVALLA. 6. PROJECT MANAGER, EXECUTIVE ENGINEER, WORLD BANK PROJECT, DIVISION, AMBALAPPUZHA. R6 BY ADV. SRI.J.KRISHNAKUMAR SRI.J.KRISHNA KUMAR(CAVEATOR) R1 TO R4 BY GOVERNMENT PLEADER SRI.S.GOPINATHAN THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. -------------------------------------------------- R.S.A.No.95 of 2009 ------------------------------------------------- Dated this the 12th day of October, 2010 JUDGMENT Plaintiff in a suit (O.S.No.330/2000 on the file of the Munsiff's Court, Thiruvalla) for declaration and injunction has filed this appeal. His claim, as above, was negatived by the two courts below. 2. Plaintiff's case, in brief, was that the plaint properties, two items, were obtained by him under an oral sale from the prior Jenmi one Venkitaswara Iyer, and those properties were used for storing timber brought in for operating his saw mill situated close-by. Suit was instituted for the reliefs aforesaid, according to the plaintiff, on noticing a publication in a daily that the plaint items are covered by a ceiling proceeding. No notice of the ceiling proceeding was given to him and the plaint items continued in his possession in continuation of that of his father for the last 40 years and that he has prescribed title R.S.A.No.95 of 2009 :: 2 :: by adverse possession was his case to claim the reliefs canvassed against the defendants, the State and some of its public officers. 3. At the outset, the allegations raised as to adverse possession canvassed by the plaintiff, which are emphasised by the learned counsel for the appellant, deserve to be taken note of only for its rejection, since in the suit no declaration as to title was canvassed, but only that of possession. Further more, it is practically conceded that, at least, at the stage when the appeal was considered before the appellate court, the Kerala Water Authority, which got impleaded as an additional respondent, had produced some documents exhibited as B1 and B2 indicating that the plaint property was covered by ceiling proceedings under the Kerala Land Reforms Act. Though the learned counsel for the appellant would state that B2 judgment rendered by this court, which was produced as one among the materials by the additional respondent Water Authority in the appeal, has no connection with the R.S.A.No.95 of 2009 :: 3 :: plaint items, there cannot be any doubt that the subject matter involved in the suit was covered by the ceiling proceedings. When that be so, even assuming that the appellant/plaintiff has got any vestige of right over that, then the remedy lies not before the civil court. If the appellant has independent possession or right otherwise than under the landlord against whom the ceiling proceedings were initiated, then he ought to have preferred a claim under Section 85 of the Kerala Land Reforms Act. The suit filed seeking a declaration in respect of a property covered by the ceiling proceedings under the aforesaid Act deserve only an outright rejection. There is no merit in this appeal and it is dismissed. Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. to Judge.