IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 14408 of 2009(U) --------------------------------------- PETITIONER: ------------------- M/S.HARISONS MALAYALAM LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 12/1624,BRISTOW ROAD,WILLINGDON ISLAND,COCHIN-682 003,REPRESENTED BY ITS MANAGER-LEGAL M.V.H.MENON. BY ADVS. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.BENNY P. THOMAS, MR.ANIL D. NAIR, MR.JOSON MANAVALAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE,SECRETARIAT, THIRUVANANTHAPURAM. 3. MUNDAKKAYAM GRAMA PANCHAYAT,REPRESENTED BY ITS SECRETARY,MUNDAKKAYAM,KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. 4. THE TAHSILDAR,TALUK OFFICE,KANJIRAPPALLY TALUK OFFICE,KOTTAYAM DISTRICT. R1, R2 & R4 BY GOVT. PLEADER MR. ARAVINDA KUMAR BABU, R3 BY ADV. MR.P.N.PURUSHOTHAMA KAIMAL, ADV. MR.K.SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14408/2009-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEED DTD. 07/05/1987 ENTERED INTO BETWEEN THE PETITIONER AND THE R.3. EXT.P.2: COPY OF THE APPLICATION FOR ASSIGNMENT DTD. 20/05/2009 FILED BY THE PETITIONER BEFORE THE R.4. EXT.P.3: COPY OF THE LAWYERS NOTICE DTD. 09/05/2009 ISSUED ON BEHALF OF THE R.3. EXT.P.4: COPY OF THE REPLY NOTICE SENT ON BEHALF OF THE PETITIONER DTD. 21/05/09. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE DECISION OF PANCHAYAT COMMITTEE DTD. 07/04/1987. EXT.R3.B: COPY OF THE DECISION OF PANCHAYAT COMMITTEE DTD. 10/12/2004. EXT.R3.C: COPY OF THE DECISION OF PANCHAYAT COMMITTEE DTD. 31/05/2007. EXT.R3.D: COPY OF THE JUDGMENT IN APPEAL NO. 372/07 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.R3.E: COPY OF THE DIRECTION OF THE R1. DTD. 24/06/2008. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.14408 of 2009-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of February, 2010. Judgment The petitioner appears to be apprehensive that the third respondent, a Panchayat will dispossess the petitioner of certain parcel of land. The apprehension is in relation to a parcel of land which, going by the pleadings of the petitioner, abuts the land which belongs to it. The petitioner states that it has made application for assignment of that land. The apprehensions may or may not be well founded. The law is certain that a person in possession will not be dispossessed except in accordance with law. The laws also provide that public lands, including those vested in public authorities like the third respondent local authority, have to be protected. Any application for assignment will also be considered in accordance with law. But the mere apprehension that pending an application for WPC14408/09 -: 2 :- assignment the third respondent would take up the land by force is insufficient to generate a writ to command that the dispossession shall not be made. Therefore, this writ petition is ordered directing that the petitioner, if found liable to be evicted shall not be dispossessed except in accordance with law. All issues on merits regarding title, claim for assignment, quality of possession etc. are left open. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0602