IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 34193 of 2008(U) -------------------------- PETITIONERS: --------------------- E.JACOB VARGHESE,S/O.CHACKO KOCHU CHACKO AGED 57 YEARS,(PERMANENT RESIDENT OF)ELENJIKAL KARUKAYIL HOUSE,PADINJATTUM MURI,NIRANOM VILLAGE, THIRUVALLA TALUK,PATHANAMTHITTA DIST.(NOW RESIDING AT)ELENJIKKAL HOUSE, NEAR CSI CHURCH, PALLAM P.O, NATTAKOM VIA., KOTTAYAM DISTRICT. BY ADV. SRI.K.P.RAMACHANDRAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA. 2. THE SPECIAL TAHSILDAR, LAND ACQUISITION OFFICE (NATIONAL HIGHWAYS), CIVIL STATION, KOLLAM. 3. THE DEPUTY DIRECTOR (SURVEY), CIVIL STATION, PATHANAMTHITTA. 4. DIRECTOR (SURVEY & LAND RECORDS), VAZHUTHACAD, THIRUVANANTHAPURAM. 5. ASSISTANT/DEPUTY DIRECTOR, SURVEY AND LAND RECORDS (RANGE), NEAR-SUB JAIL, PATHANAMTHITTA. 6. SUPERINTENDENT, RE-SURVEY SUPERINTENDENT OFFICE NO.1, NEAR CIVIL STATION, PATHANAMTHITTA. 7. SUPERINTENDENT, RE-SURVEY SUPERINTENDENT OFFICE NO.S, NEAR CIVIL STATION, PATHANAMTHITTA. 8. THE DISTRICT SURVEY SUPERINTENDENT, CIVIL STATION, PATHANAMTHITTA. WP(C).No. 34193 of 2008 -2- 9. THE CHIEF ENGINEER, NATIONAL HIGHWAYS, THIRUVANANTHAPURAM. 10. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS, ALAPPUZHA. 11. THE VILLAGE OFFICER, NIRANOM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 12. THE TAHSILDAR, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 13. SUB REGISTRAR, KADAPRA SUB REGISTRY, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 14. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF NATIONAL HIGHWAYS, NEW DELHI. 15. SECRETARY, OFFICE OF THE BLOCK PANCHAYATH, PULIKEEZHU, VALANJAVATTOM, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT (FORMERLY KNOWN AS BLOCK DEVELOPMENT OFFICER INSTEAD OF SECRETARY NOW). BY GOVT. PLEADER SMT. N. SUDHA DEVI R1 ASG. SRI. P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.34193 of 2008 -------------------------- Dated this the 20th November, 2008 J U D G M E N T Petitioner challenges Exhibit P30 order passed by the Deputy Director of Survey, Pathanamthitta, directing that the total extent of land which could be considered as a registered holding standing in the thandaper account of petitioner's father in Niranam village is only 83 cents. It is further noted that earlier proceedings by which a portion of the property which is treated as road puramboke was directed to be included in the thandaper account of the petitioner’s father requires reconsideration. The writ petition makes a reference to the earlier proceedings, instituted by the petitioner’s predecessors in interest, including a civil suit before the Munsiff’s Court Thiruvalla. I have gone through the averments in the writ petition. 2. I heard learned counsel for the petitioner and learned Asst. Solicitor General and learned Government W.P ( C) No.34193 of 2008 2 Pleader. 3. In my view, the petitioner’s remedy is to approach the Civil Court either seeking a declaration of title in respect of that portion of the property which has all along been treated as registered holding standing in the name of petitioner’s father or plead that at any rate title to the property was acquired by adverse possession and limitation . It is for the civil court to adjudicate the dispute. Order passed by the Deputy Director of Survey in the nature of Exhibit P30 will obviously not stand in the way of petitioner asserting a right, on the basis of physical possession of the property in continuation of the possession stated to have been asserted by his father. Dispute is not one amenable to the writ jurisdiction of this Court under Article under 226 of the Constitution of India. Subject to the right of the petitioner to do so, the writ petition is disposed of. (V.GIRI,JUDGE) ma W.P ( C) No.34193 of 2008 3 W.P ( C) No.34193 of 2008 4