IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 36253 of 2004(N) -------------------------------------- PETITIONERS: ------------------- 1. GEORGE THOMAS, S/O. T. THOMAS, AGED 36 YEARS, SAM & CO., MODAYIL HOUSE DEVIKULAM. 2. DR.BIKKY MAMMEN MODAYIL, S/O. M. THOMAS AGED 32 YEARS, MODAYIL HOUSE, DEVIKULAM. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS SMT.MINI.V.A. RESPONDENTS: ----------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DIST., COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT. 4. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. GOVERNMENT PLEADER SRI.NOBLE MATHW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 36253/2004-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.528/65 DATED 13/08/1965 OF THE S.R.O. DEVIKULAM EXECUTED IN FAVOUR OF THE GRANDFATHER OF THE PETITIONER. EXT.P2: COPY OF THE BASIC TAX RECEIPTS NO.276729/ DATED 10/12/2004 ISSUED BY THE VILLAGE OFFICER, KDH VILLAGE. EXT.P3: COPY OF THE ORDER OF THE BUILDING TAX RECEIPT NO.53 DATED 20/08/2004 ISSUED BY THE SECRETARY, MUNNAR GRAMA PANCHAYATH IN THE NAME OF THE 1ST PETITIONER. EXT.P4: COPY OF THE G.O.(Rt)NO.3611/03/RD DATED 17/11/2003 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT PASSED IN W.P.(C). NO. 6017/04 DATED 21/10/2004. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 36253 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September, 2008 JUDGMENT The petitioners approached this Court with the following prayers: i) Call for the records related to the issues raised in the WP(C) and connected with the exhibits produced in this WP(C) from the respondents; ii) issue a writ of mandamus directing the respondents not to proceed against Ext.P1 title deed of the petitioners without proper notice and hearing and without following the procedure established by law; 2. In the counter affidavit filed on behalf of the 1st respondent at paragraphs 6 & 7, it is stated as follows: “6. The petitioners' plea that the revenue officials are harassing them in the name of enquiry is baseless. The officials are any manner has not attempted to evict or dispossess the petitioner from their property. 7. The revenue officials are not challenging the validity of sale document No.528/65 and the W.P.(C).No. 36253 OF 2004 -:2:- petitioners are holding the land by remitting the special grant. It is admitted that the building and appurtenant land there to are exempted from the purview of K.D.H (Resumption of Lands) Act 71.” It is also stated in paragraph 5 of the counter affidavit that they have no dispute on the title. Therefore, the petitioners need not have any apprehension. The Writ Petition is hence closed. (KURIAN JOSEPH, JUDGE) ttb