IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 526 of 2007(K) ------------------------------------- PETITIONER(S): ------------------------ SMT.SAROJINI, W/O.LATE CHELLIAH, AGED 58 YEARS, H.NO.IX/2059, PUTHENPURAYIL HOUSE, MUNNAR P.O., IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE, SRI.ROY THOMAS. RESPONDENT(S): -------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE (U) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 4. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. R1 TO R4 BY GOVT. PLEADER MR.P.M. MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 526/2007-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GOVERNMENT ORDER G.O.(RT).904/1975/RD DATED 04/08/1975 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE RESIDENTIAL/OWNERSHIP CERTIFICATE NO.A3-10/2005 DATED 31/07/2006 ISUED BY THE SECRETARY, MUNNAR GRAMA PANCHAYATH IN THE NAME OF THE PETITIONER. EXT.P3: COPY OF THE BUILDING TAX RECEIPT DATED 03/11/2000 ISSUED BY THE SECRETARY MUNNAR GRAMA PANCHAYATH. EXT.P4: COPY OF THE RELEVANT PAGES OF THE RATION CARD OF THE FAMILY OF THE PETITIONER. EXT.P5: COPY OF THE TELEPHONE BILL NO.39834202 DATED 07//11/2006. EXT.P6: COPY OF THE RECEIPT VOUCHER MRG-2006-02265 DATED 11/12/2006 ISSUED BY THE AGENT OF THE KERALA STATE ELECTRICITY BOARD. EXT.P7: COPY OF THE DECREE DATED 12/03/2003 PASSED BY THE MUNSIFF COURT, DEVIKULAM IN O.S. NO.277/2001. EXT.P8: COPY OF THE COMMUNICATION NO.1638/A2 DATED 01/02/1996 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DISTRICT COLLECTOR. EXT.P9: COPY OF THE REPORT OF THE 3RD RESPONDENT DISTRICT COLLECTOR NO.G-4-814 DATED 06/09/1972 ADDRESSED TO THE 1ST RESPONDENT GOVERNMENT. EXT.P10: COPY OF THE GOVERNMENT TO EXT.P9 STUDY REPORT NO.6053/U2/73/RD DATED 18/08/1974 ADDRESSED TO THE 3RD RESPONDENT DISTRICT COLLECTOR. EXT.P11: COPY OF THE LATEST EXTENDED INTERIM ORDER OF HONOURABLE COURT PASSED IN WP(C) NO. 11935/2006-U DATED 09/08/2006. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.526 of 2007-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of March, 2010. Judgment The petitioner's husband Sri.Chelliah, was a part time sweeper of Public Works Department in Munnar. The Government had issued Ext.P1 G.O.(Rt) 904/75/RD dated 4.8.1975 through the Under Secretary in the Revenue (U) Department sanctioning the transfer of 5 cents of land in Sy.No.62/9 of K.D.H.Village from Public Works Department to Revenue Department, to assign that land on registry to Sri.Chelliah, who is now stated to be no more. While the petitioner complains that no action has been taken in the case of Ext.P1, she also states in the same breath that she is in possession of a larger extent and that such possession is protected by a decree of civil court. That possession can be only one subject to the right of the State as owner. Therefore, notwithstanding the availability of powers under the Land Conservancy Act in relation to the land in excess of five WPC526/07 -: 2 :- cents, the Government would also be entitled to insist that the result of Ext.P1 Government Order would be carried and delivered to the petitioner and the other heirs of Mr.Chelliah, only if the portion of the land in excess of that covered by Ext.P1 is surrendered to the Government. This is more particularly because the petitioner has no other source of title in relation to the land in question which is in K.D.H.Village. In the aforesaid circumstances, it is ordered that on land in excess of that covered by Ext.P1 being surrendered to the Government through the competent officer of the Revenue Department, the Government will do the needful to carry out to its logical end and grant assignment in terms thereof strictly in conformity with the limits stated in Ext.P1. This will, however, be on condition that Ext.P1 is still in force. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. rkc-Sha/1704