IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 2782 of 2007(F) ------ ---------------------------- PETITIONERS: -------------------- 1. S.V.SAILAJA KUMARI, T.C.27/245, THAMPURANMUKKU, KUNNUKUZHY, VANCHIYOOR, THIRUVANANTHAPURAM. 2. MOHANAKUMAR NAIR, T.C.27/245, THAMPURANMUKKU, KUNNUKUZHI, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. MR.TOMY SEBASTIAN, MR.P.M.PAREETH MR.C.R.SUDHEESH MR.I.G.BIJU RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR, (L.R.), THIRUVANANTHAPURAM. 3. THE SECRETARY, LAND BOARD, THIRUVANANTHAPURAM. 4. UMMINI AMMA JANAKI, PUTHUMANAYIL, KUNNUKUZHY, THIRUVANANTHAPURAM. RA1 TO R3 BY GOVERNMENT PLEADER MR. SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/09, THE COURT ON 03/02/2009 DELIVERED THE FOLLOWING: WPC No. 2782 of 2007 APPENDIX : PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF APPLICATION DATED 28.10.2004 EXT.P2 : TRUE COPY OF THE REPORT DATED 19.11.2004 EXT.P3 : TRUE COPY OF THE PROCEEDINGS OF LAND TRIBUNAL, THIRUVANANTHAPURAM DATED 15.2.2005 EXT.P4 : TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED BY THE LAND TRIBUNAL, THIRUVANANTHAPURAM DT. 23.2.2005 EXT.P5 : TRUE COPY OF THE POSSESSION CERTIFICATE DATED 6.5.2005, ISSUED BY THE VILLAGE OFFICER, VANCHIYOOR VILLAGE EXT.P6 : TRUE COPY OF THE BASIC TAX RECEIPT DATED 20.4.2005 EXT.P7 : TRUE COPY OF THE LOCATION CERTIFCATE, ISSUED BY THE VILLAGE OFFICER, VANCHIYOOR VILLAGE DATED 6.5.2005 EXT.P8 : TRUE COPY OF THE LETTER DATED 17.4.2006 ISSUED BY THE VILLAGE OFFICER, VANCHIYOOR VILLAGE EXT.P9 : TRUE COPY OF THE LETTER DATED 17.8.2006 EXT.P10 : A COPY OF THE REFER REPORT FILED BY THE VANCHIYOOR POLICE IN CRIME NO. 247/2006 RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE HARUN-UL-RASHID, J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 2782 OF 2007 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of February, 2009 JUDGMENT This writ petition is filed challenging Ext.P8 report and Ext.P9 communication. Petitioners have submitted that they have filed an application before the Land Tribunal, Thiruvananthapuram for grant of 'patta' for an extent of 10.750 cents of land comprised in survey No. 2701 of Vanchiyoor village. The petitioners submitted that a case was booked as S.M. No. 99/2004 and assignment order was passed on 15.2.2005 by the Land Tribunal. The present proceedings initiated, vide Ext.P8 and Ext.P9, to cancel the mutation of the property, according to the petitioners, is illegal and therefore, liable to be interfered by this Court. 2. A detailed counter was filed by the respondents. The learned Government Pleader submitted, it is true that an order was passed by the Land tribunal on 15.2.2009 but 'patta' has not been issued pursuant to that order. At the same time petitioner produced fabricated purchase certificate before the Village Officer, Vanchiyoor and effected mutation and obtained possession certificate and location certificate. On getting knowledge about the fact that purchase certificate is fake the authorities initiated proceedings to cancel the 'patta'. Pursuant to such proceeding the mutation was cancelled. A W.P.(C) No. 2782 of 2007 : 2 : criminal case was also registered against the petitioners by the Vanchiyoor police and now the matter is pending before the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram. It is also submitted that a vigilance enquiry is being conducted by the Vigilance and Anti Corruption Bureau (Special Investigation), Triruvananthapuram against the then presiding officer Sri. P. Raveendran. In the circumstances, Ext.P8 and Ext.P9 order are subjected to final enquiries to be completed by the authorities. Therefore, in the circumstances, petitioners are not entitled to the relief claimed for. The enquiry initiated for cancellation of 'patta' shall be completed within a reasonable period, at any rate, not less than one year from today. The writ petition is dismissed with the above observations. (HARUN-UL-RASHID, JUDGE) KMD