IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 33418 of 2007(C) ---------------------------------------- PETITIONER(S): ----------------------- 1. M.K. CHANDRAMATHI, THOPPINARIKIL VEEDU, MARADU P.O., ERNAKULAM. 2. KARTHYAYINI, KALATHIPARAMBIL HOUSE, KARIKAMTHURUTHU, KONGORPILLY P.O., ERNAKULAM DISTRICT. 3. M.K. MANI, CHEERAKUZHY HOUSE, MARADU P.O., ERNAKULAM. BY ADV. SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, KANAYANNOOR TALUK. 3. THE VILLAGE OFFICER, MULAVUKADU VILLAGE. R1 TO R3 BY GOVT. PLEADER MR.P.M. MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 33418/2007-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PURCHASE CERTIFICATE DATED 05/03/1976. EXT.P2: COPY OF THE PURCHASE CERTIFICATE DATED 20/05/1978. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33418 of 2007-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of March, 2010. Judgment 1.The petitioners claim to be the heirs of Kurumba. Their brother Keshavan and mother Kurumba were issued with Exts.P1 and P2 certificates of purchase. In terms of the relevant rules, appropriate entries have to be made in the revenue records on the basis of the purchase certificates issued by the Land Tribunal. The petitioners state that they belong to Pulaya community. With the passage of time, the competent authority appears to show that following re-survey, there is no land now available in the name of Kurumba and Keshavan. The scheme of Boundaries Act and the authority thereunder to carry out re-survey does not include the power to meddle with title and other attendant rights on properties, which issues are governed by the T.P.Act and different other WPC33418/07 -: 2 :- statutes, including legislations under which the challenged to this sector of the society are given lands by way of assignment, certificate of purchase etc. Beyond that is the fact that if the petitioners are members of Pulaya community, they are also entitled to the Governmental help through the District Collector, even in cases where there are alienations of lands belonging to them. Under any circumstance, the survey authorities cannot be heard to contend that re- survey has been done merely on the basis of possession and as of now, a fairly good chunk of lands which would be available to the petitioners and their siblings on the basis of Exts.P1 and P2 is not available on records in their favour. 2.In the peculiar facts and circumstances, the District Collector, Ernakulam is directed to have an appropriate officer deputed to look into the entire files and decide on the issue, including as to what followed Exts.P1 and P2 and why the petitioners are not entitled to claim such land. WPC33418/07 -: 3 :- A decision in this regard shall be ultimately taken by the District Collector after hearing the necessary parties and a communication shall be issued to the petitioners regarding such decision, also by stating reasons, if the decision is against them. It shall be ensured that such decision comes within a period of nine months from the date of receipt of a copy of this judgment. All issues on merits are left open. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0604