IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 14538 of 2008(E) -------------------------- PETITIONERS: ------------ 1. PARVATHY, W/O.LATE MUTHUPANDI, AGED 65 YEARS, H.NO.X/517,ERACHIPARA KARA, DEVIKULAM P.O., IDUKKI DISTRICT. 2. CHITHRAVEL, S/O.PECHIYAPPAN, AGED 60 YEARS, NEW COLONY, MUNNAR P.O., IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENTS: ------------- 1. STATE OF KERALA, TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTEMNT, SECRETRIAT, THIRUVANANTPAURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 14538 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th July, 2008. J U D G M E N T Counsel for the petitioners is absent. 2. The petitioners are two persons seeking reliefs against eviction from the properties which are stated to be in their possession. First petitioner claims that the property in her possession was assigned to her as per Ext. P1 patta in respect of which she has paid tax as per Ext. P2 receipt. The 2nd petitioner claims that the property in his possession has been certified to be in his possession as per Ext. P3 possession certificate. On the above submissions, the petitioners seek the following reliefs: “I) Call for the records from the respondents concerning the Land covered by Ext. P1 to P4 and Exts. P7 to P9 and related to the issue raised in the W.P(C). II) Issue a writ of mandamus directing the respondents not to dispossess the petitioners from their properties covered by Exts. P1 to P4 documents during the pendency of proceedings pursuant to the application of the petitioner for assignment/regularization of assignment of land. III) Issue a writ of mandamus directing the respondents 1 and 2 to regularize the possession and title of the 1st petitioner and pass order of assignment in favour of the 2nd petitioner by virtue of Ext. P1 to P4 documents by issuing further orders in the matter of regularization/assignment either as per the Rules framed under the Kerala Land Assignment Act or as per the Kanan Devan Hills (Resumption of Land) Act 1971.” 2. A counter affidavit has been filed on behalf of the 2nd respondent to the effect that Exts. P1 to P3 documents are forged documents and the revenue records do not disclose the existence of those documents. No reply affidavit has been filed against the counter affidavit. In view of the above circumstances, if the petitioners have got a case that they are genuine documents to prove possession of properties, they will have to get it proved through W.P.C. No. 14538/2008 -: 2 :- appropriate proceedings in which they can produce evidence in support of in their case. Therefore, without prejudice to that right, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.