IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WA.No. 677 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.19962/2007 Dated 20/01/2009 .................... APPELLANT/THIRD RESPONDENT ------------------------------ K.C.VARGHESE @ PONNAPPAN, AGED 54 YEARS, KUTTIPURATH HOUSE, (HOUSE NO.23/1001) MATTANCHERY, KILIYAMPADAM, KOCHI-2. BY ADV. SRI.P.DEEPAK RESPONDENTS/WRIT PETITIONERS & RESPONDENTS 1 & 2 --------------------------------------------------- 1. K.VELAYUDHAN, PULIMOOTTIL PARAMBIL HOUSE, PANAYAPILLY, KOCHI. 2. K.LENIN, PULIMOOTTIL PARAMBIL HOUSE, PANAYAPILLY, KOCHI. 3. K.NIRMALA, PULIMOOTTIL PARAMBIL HOUSE, PANAYAPPILLY, KOCHI. 4. CORPORATION OF COCHIN, ERNAKULAM, REP. BY ITS SECRETARY. 5. ASSISTANT EXECUTIVE ENGINEER, FORT KOCHI ZONE, COCHIN CORPORATION, ZONAL OFFICE, FORT KOCHI. ADV. SRI.C.M.SURESH BABU,SC,COCHIN CORPORATI FOR R4 & R5 SRI.K.S.MADHUSOODANAN FOR R1-3 SRI.T.V.JAYAKUMAR NAMBOODIRI FOR R1-3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.677 of 2009 .................................................................... Dated this the 13th day of July, 2010. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge leaving the dispute between the appellant and the respondents to be settled by the Cochin Corporation. Admittedly the land involved was purchased by the Cochin Corporation and in the year 2003 it was sold by the Corporation to writ petitioners who are legal heirs of a last grade employee by name Kesavan who died in 1997. However, appellant's case is that way back in 1988 when Kesavan was in possession of the land, he transferred possession to the appellant for valuable consideration and the document is witnessed by late Kesavan's wife who is alive even now. We do not think we should consider the nature of title if any acquired by the appellant because the learned Single Judge has left the matter to be decided by the Corporation before which appellant can raise all objections and it is for the Corporation to 2 consider the rival claims of the parties and decide the matter. Writ Appeal is closed with the above observation. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms