IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 34498 of 2010(J) -------------------------- PETITIONER(S): --------------- UMA RANI, W/O.SIVAJI, RESIDING AT KARUVALLIL HOUSE, VAIKOM P.O., KOTTAYAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.P.S.ANISHAD RESPONDENT(S): --------------- 1. THE SECRETARY, VAIKOM MUNICIPALITY, VAIKOM P.O., KOTTAYAM-686141. 2. THE STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT ANNEX, THIRUVANANTHAPURAM-695001. BY GOVT. PLEADER SMT. K.R DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34498 OF 2010 -------------------------- Dated this the 16th day of November, 2010 J U D G M E N T The petitioner, who is the co-owner of a parcel of land situated in Survey No.193/1B of Vaikom Village has filed this writ petition seeking the following reliefs. “(i) Issue a writ of mandamus or any other appropriate writ, direction or order, in the nature of injunction, restraining the 1st respondent or anybody under him to encroach and making any more construction in the petitioner's property, mentioned in Ext.P1, except as per the procedure established by law. (ii) Issue a writ of mandamus or any other appropriate writ directing the 1st respondent to remove the unauthorised constructions already made in petitioner's property, without any further delay. (iii) Issue a writ of mandamus or any other appropriate writ directing the 1st respondent to permit the petitioner to construct temporary sheds in her property so as to hire it to the festival vendors, during festival season. (iv) Issue a writ of mandamus or any other appropriate writ directing the 1st respondent to consider and take fresh action on Ext.P7 representation on merit by affording a reasonable opportunity of being heard to the petitioner, or her authorised representative without any further delay.” 2. The petitioner claims that without the consent and knowledge of the co-owners, the Vaikom Municipality has encroached upon the lands belong to them and that they apprehend that the Vaikom Municipality will make unauthorised constructions WPC No.34498/2010 2 therein. It is evident from the nature of the pleadings and the reliefs sought in the writ petition that the petitioner should move the competent civil court having jurisdiction over the locality. The claim made by the petitioner is that the land over which the construction is being made by the Vaikom Municipality is land belonging to her and others. The said claim has to be proved by adducing evidence. I am therefore of the opinion that the remedy of the petitioner if she is aggrieved by the action of the first respondent, is to institute a suit in the court of competent jurisdiction. I accordingly decline jurisdiction and dismiss the writ petition leaving open the contentions of the petitioner and reserving liberty with her to institute a suit in the court of competent jurisdiction seeking redressal of her grievances. P.N.RAVINDRAN, (JUDGE) vps WPC No.34498/2010 3 WPC No.34498/2010 4