IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 20292 of 2005(N) -------------------------- PETITIONER: -------------- K.SREEDHARAN NAIR, SARASWATHI VILASAM, KURAKODE, PERUMKADAVILA P.O. NEYYATTINKARA. THIRUVANANTHAPURAM 695 124. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.K.VINODKUMAR SRI.P.K.MANOJKUMAR RESPONDENTS: ------------- 1. THE PERUMKADAVILA PANCHAYATH REPRESENTED BY ITS SECRETARY, PERUMKADAVILA, P.O.NEYYATTINKARA THIRUVANANTHAPURAM 695 124. 2. K.SOMAN NAIR, PRESIDENT, PERUMKADAVILA PANCHAYATH, RESIDING AT N.R.A. 7, NILAMEL ROAD, NEAR SREESAMHOLIMADEN KOVIL, NEYYATTINKARA P.O. THIRUVANANTHAPURAM 695 124. BY ADV. SRI.R.S.KALKURA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- WPC/20292/2005 APPENDIX PETITIONER'S EXHIBITS EXHIBIT-P1 : THE PHOTOSTAT COPY OF THE DEED OF ASSIGNMENT EXECUTED IN FAVOUR OF THE PETITIONER BY THE ASSIGNOR DOCUMENT NO. 451 OF 1980 DATED 25-02-1980. EXHIBIT -P2: THE PHOTOSTAT COPY OF THE TAX RECEIPT SHOWING THE PAYMENT OF TAX BY THE PETITIONER FOR THE PROPERTY FOR THE YEAR 2003-2004 NO.1502601 DATED 27-3-2004 ISSUED BY THE VILLAGE OFFICER, PERUMKADAVILA. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 20292 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) To issue a writ of mandamus or other appropriate writ, order or direction restraining the 1st respondent from acquiring or taking possession of any extent of land belonging to the petitioner situated in Survey Numbers 421/4 & 423/1 in Perumkadavila Village, Neyyattinkara Taluk and covered by Exhibit P1 assignment deed otherwise than in accordance with law. Dispossession, if any, can only be in accordance with law. Therefore, this writ petition is allowed in terms of the prayer as extracted above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 20292 OF 2005 J U D G M E N T 18.07.2008