IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 OP.No. 23671 of 2002(R) ----------------------- PETITIONER(S): --------------- DAMODHARAN, S/O. SANKARAN, SANKARA VILASOM, VADAKKUMBHAGOM MURI, THEKKUMBHAGOM VILLAGE, KARUNAGAPALLY TALUK, CHAVARA SOUTH, KOLLAM DISTRICT. BY ADV. SRI.A.ANTONY SMT.LEELAMMA ANTONY RESPONDENT(S): --------------- 1. TAHSILDAR, KARUNAGAPALLY TALUK, KARUNAGAPALLY, KOLLAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. G.P. SRI.MATHEW VADAKKEL FOR R1 & R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.40301/2002 IN O.P. NO.23671/2002 DISMISSED: 29.7.2009 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIIBTS: P1: TRUE COPY OF RECEIPT DT.29.10.1960 ISSUED TO PETITIONER BY R1. P2: TRUE COPY OF RECEIPT DT.3.12.1961 ISSUED TO PETITIONER BY R1. P3: .DO. DT.29.3.2000 .DO. P4: TRUE COPY OF ORDER DT.15.1.2002 OF R1. P5: TRUE COPY OF JUDGMENT DT.27.6.1997 OF THE HON'BLE HIGH COURT OF KERALA IN O.P. NO.17233/1996-B. P6: TRUE COPY OF NOTICE DT.10.7.2002 OF R1 ISSUED TO THE PETITIONER. P7: TRUE COPY OF REPLY DT.22.7.2002 SUBMITTED BY PETITIONER TO EXT.P6 BEFORE R1. P8: TRUE COPY OF ORDER DT.22.7.2002 OF R1. P9: TRUE COPY OF APPLICATION DT.31.5.1970 SUBMITTED BY PETITIONER BEFORE THE DISTRICT COLLECTOR, KOLLAM. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.23671 of 2002 .................................................................... Dated this the 29th day of July, 2009. JUDGMENT The petitioner is challenging Ext.P4 issued by the Tahsildar cancelling the Kuthakappattom granted to the petitioner in 1960 based on Ext.P5 judgment which does not pertain to the petitioner. In fact, the purpose of the judgment is to prevent encroachment and assignment of river puramboke, kayal puramboke etc. However, the court has not considered the case of kuthakappattom land assigned to anybody. Kuthakappattom granted to the petitioner cannot be cancelled based on Ext.P5 judgment. However, if there is any independent ground such as violation of terms of kuthakappattom lease or failure to pay arrears, the Tahsildar is free to cancel the Kuthakappattom and to take appropriate action after issuing notice The O.P. is therefore disposed of directing the Tahsildar to consider the matter and if petitioner is entitled to continue under the Kuthakappattom Rules, he can only recover the arrears of rent. C.N.RAMACHANDRAN NAIR Judge pms