IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WA.No. 24 of 2009 ------------------- AGAINST THE JUDGEMENT IN WPC.21672/2004 Dated 29/08/2008 .................... APPELLANT/PETITIONER: --------------------------- M.N.AJITH, BAPPU ESTATE, S/O.M.P.DAMODARAN, VADUVACHAL P.O., WAYANAD. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE DISTRICT COLLECTOR, WAYANAD. 2. THE TALUK LAND BOARD, VYTHIRI. R1 & R2 BY SENIOR GOVERNMENT PLEADER, SMT. K. MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 24 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of October, 2009 JUDGMENT Basheer, J. This Writ Appeal is at the instance of the petitioner in WP(C) No.21672 of 2004. By the impugned judgment the learned Single Judge held that as far as the identity of the excess land ordered to be surrendered by the appellant is concerned, there is no ambiguity as alleged by the appellant/petitioner. Accordingly, the Writ Petition was dismissed. Hence this appeal. 2. The appellant had purchased a total extent of 16.37 acres of land in the year 1978. The Taluk Land Board, Vythiri by its order dated October 18, 1989 initially held that the appellant was liable to surrender 8.37 acres as excess land from out of the said property. After a chequered career, the litigation ultimately ended in the apex court, and the petitioner succeeded in reducing the extent of land to 6.37 acres to be surrendered by him. Thereafter the Taluk Land WA No. 24 OF 2009 -:2:- Board issued Ext.P6 directing the appellant to surrender 6.37 acres situated in New Survey No.2522 of Thomattuchal Village (old Survey Nos. 886, 885(part), 884, 883, 887 and 888/1A1). The said order was challenged by the appellant in the Writ Petition referred to above. The primary contention raised by the appellant was that the Survey number indicated in Ext.P6 order was incorrect. 3. A detailed counter affidavit was filed by the respondents in the Writ Petition. It was pointed out that Ext.P6 order was passed accepting the option statement filed by the appellant. The property mentioned in the statement alone was ordered to be surrendered. After considering the rival contentions of the parties the learned Single Judge held that Ext.P6 order cannot be faulted. The said judgment is impugned in this Writ Appeal. 4. When this Appeal is taken up for consideration today, the learned Government Pleader has brought to our notice that the Survey number was correctly shown in the original WA No. 24 OF 2009 -:3:- order itself. Moreover in the second option preferred by the appellant himself he had indicated the correct Survey numbers as shown in the order itself. In his second option statement submitted by the appellant on February 12, 1996 he had clearly stated that he was prepared to surrender the land situated in Survey Nos.887 and 888/1A1(new Survey No.2522) of Thomattuchal Village, Sulthan Bathery. 5. A copy of the option statement is made available before us by the learned Government Pleader. It is to be noted that appellant has no case that he had not made two options and that in the second option he had agreed to surrender the land situated in Survey Nos.887 and 888/1A1. These two properties were included title deed of the year 1978 under which the appellant had purchased the property. 6. By proceedings dated May 31, 2004, (Ext.P6) the Taluk Land Board had considered the two options submitted by the appellant and found that the first option was not acceptable since the said property did not exclusively belong WA No. 24 OF 2009 -:4:- to the appellant. Accordingly the second option was accepted and it was ordered that the land measuring 6 acres and 37 cents comprises in Survey Nos.887 and 888/1A1 be surrendered as excess land. 7. The learned Government Pleader has now made available a true photocopy of the order passed by the Land Board in 1989 (Typed copy has been produced by the appellant/petitioner as Ext.P1). The Survey number of the land ordered to be surrendered by the appellant has been wrongly shown as 881/1A1 and 887 instead of 888/1A1 and 887. This mistake whether intentional or not - has led to the present unnecessary litigation. We do not want any further comment on this. In the facts and circumstances of the case, we do not find any reason to interfere with the order passed by the learned Single Judge. The Writ Appeal is without any merit and accordingly it is dismissed. The authorities shall take possession of 6.37 acres of land belonging to the appellant WA No. 24 OF 2009 -:5:- situated in Survey Nos.887 and 888/1A1(New Survey No.2522) of Thomattuchal Village, Sulthan Bathery forthwith. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb