IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 23369 of 2009(M) --------------------------------------- PETITIONER(S): ----------------------- 1. T.C.VAVACHAN,S/O.LATE CHACKO, AGED 54,THURUTHIPARAMBIL HOUSE, BRAHMAPURAM,ERNAKULAM DISTRICT. 2. T.C.PAPPACHAN,S/O.LATE CHACKO, AGED 56,THURUTHIPARAMBIL HOUSE, BRAHMAPURAM,ERNAKULAM DISTRICT. 3. T.C.JACOB,S/O.LATE CHACKO, AGED 44,THURUTHIPARAMBIL HOUSE, BRAHMAPURAM,ERNAKULAM DISTRICT. 4. MARY JACOB,D/O.LATE CHACKO, AGED 60,PUTHENANGADIYIL (H), KANDANAD P.O.,ERNAKULAM DISTRICT. 5. LEELA ABRAHAM, D/O.LATE CHACKO, AGED 58,IRICKAL HOUSE,MANAKKAKADAVU, KUMARAPURAM P.O.,ERNAKULAM DISTRICT. 6. SANTHA PAILY,D/O.LATE CHACKO, AGED 52,KANIYATH HOUSE, PUTHENCRUZ P.O.,ERNAKULAM DISTRICT. 7. ANNAMMA PATHROSE,D/O.LATE CHACKO, AGED 62,KUDILIMARIL HOUSE, PALLIMUKAL,BRAHMAPURAM P.O. BY ADV. MR.G.KRISHNAKUMAR MR.VARGHESE K.PAUL MR.M.MANOJ KUMAR MALLIA MR.P.P.SUDHEER RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, ERNAKULAM,KAKKANAD. WP(C) NO. 23369/2009-M 2. THE SPECIAL TAHSILDAR (L.A.), KOCHI CORPORATION,VYTTILA. 3. THE SECRETARY, CORPORATION OF KOCHI,ERNAKULAM. 4. R.D.O.,MUVATTUPUZHA, ERNAKULAM DISTRICT. 5. KOYA,S/O.LATE ABDUL KHADER, AGED 54,MOOLEBHAGATH (H), PERINGALA P.O.,ERNAKULAM DISTRICT. 6. TOWN PLANNING OFFICER, CORPORATION OF KOCHI,ERNAKULAM. 7. VILLAGE OFFICER, PUTHENCRUZ,ERNAKULAM. R1, R4 & R7 BY GOVERNMENT PLEADER MR.I.V. PRAMOD R2, R3 & R6 BY ADV. MR.RAMESH BABU, SC, COCHIN CORPORATION. SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATION. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.23369 of 2009-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of August, 2009. JUDGMENT The petitioners state that the Corporation of Kochi, through its officers, have essentially duped the petitioners in purchasing an item of property from the fifth respondent. It is stated that in spite of Ext.P3 decision of the RDO, there was a concerted effort on the side of the fifth respondent and the Corporation authorities with the junction of the Village Officer to deprive the petitioners of property and this has resulted in a sale in favour of the Corporation. That parcel of land is purchased by the Corporation as part of its acquisitions in connection with the Brahmapuram plant. According to the petitioners, their plot has become worthless. They accordingly requested that their land be also either acquired or purchased by the WP(C)23369/09 -: 2 :- Corporation. In considering such a request, the District Collector has taken the view that acquisition can be initiated only if there is a requisition from the Corporation. In the absence of any requisition in that regard, the District Collector cannot be faulted for having refused to initiate acquisition proceedings. But, if as a matter of fact, the Corporation authorities have involved in any manipulation depriving the petitioners the right to enjoy any item of property in spite of Ext.P3, such action of the Corporation could be brought to the notice of the learned Ombudsman for Local Self Government Institutions by the petitioners, notwithstanding the fact that the petitioners' properties are not being acquired. With such jurisdiction being available in this State of Kerala as a legislative concept and in the light of the fact that the petitioners may also have appropriate remedies for redressal of grievances in relation to right to property before the civil courts, exercise of jurisdiction under Article 226 of the WP(C)23369/09 -: 3 :- Constitution would be unwarranted. Not only that, the disputes may give rise to questions of facts which may have to be decided appropriately. Therefore, while dismissing this writ petition, it is clarified that this judgment will not stand in the way of the petitioners seeking reliefs from the appropriate authorities. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/070909