IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 16653 of 2006(G) PETITIONER: P.K.BABY, S/O.KURIAKO, PUTHENPURAYIL HOUSE, THIRUVAMKULAM.P.O, KANAYANNUR TALUK, PIN-682 305. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: 1. CHANDRA MOHANDAS, S/O.GOPALA PANICKER, ELECTRICIAN, PASUPARA TELEPHONE EXCHANGE, WAGAMON, PEERAMEDU TALUK. 2. INDIRA MOHANDAS, W/O.CHANDRA MOHANDAS, KATTAPANA BLOCK PANCHAYATH PRESIDENT, CHALIKKARAYIL HOUSE, WAGAMON, PEERUMEDU TALUK. 3. VILLAGE OFFICER, WAGAMON VILLAGE, PEERUMEDU TALUK, IDUKKI DISTRICT. 4. TAHSILDAR, PEERUMEDU TALUK, IDUKKI DISTRICT. 5. DISTRICT COLLECTOR, IDUKKI DISTRICT. 6. THE SUPERINTENDENT OF POLICE, IDUKKI, PAINAVU POST, IDUKKI DISTRICT. ADV. SRI.JOICE GEORGE FOR R1 & R2 SMT. M.R. SREELATHA, GOVERNMENT PLEADER FOR R3-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 16653/2006 : 2 : APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE AGREEMENT DATED 06.05.2004 EXECUTED BETWEEN THE PETITIONER AND RESPONDENT 1 AND 2. EXT.P2: TRUE COPY OF LIST OF PROBABLE HOLDERS OF LAND IN SURVEY NO. 961 OF WAGAMON VILLAGE, COVERED BY BOGUS PATTA SCAM. EXT.P3: TRUE COPY OF THE PAPER REPORT PUBLISHED IN MADHYAMAM DAILY, DATED 23.12.2005. EXT.P4: TRUE COPY OF THE REPORT PUBLISHED IN MANGALAM DAILY ON 25.04.2005. EXT.P5: TRUE COPY OF THE CERTIFICATE NO. 983/99 DATED 01.07.99 ISSUED BY THE WAGAMON VILLAGE OFFICER. /True Copy/ P.A to Judge. V. GIRI, J. ========================== W.P.(C) No. 16653 of 2006 ========================== Dated this the 20th day of October, 2008. JUDGMENT The petitioner has sought for the following directions in the matter of enquiry relating to pattas (certificate of purchase) in Survey No. 961 of Wagamon village :- “a. Issue a writ of mandamus or any other appropriate writ commanding the respondents 4 and 5 to verify about the genuineness of pattas if any granted to lands comprised in Survey No. 961 of Wagamon Village and more described in Ext. P1 agreement by the respondents 1 and 2. b. Issue a writ of mandamus or any other appropriate writ commanding the respondents to initiate prosecution steps against the person responsible for creation of false records relating to Government. Puramboke land in Survey No. 961 of Wagamon village especially relating to lands comprised in Ext.P1 agreement.” It seems that the petitioner had entered into an agreement Ext.P1 with respondents 1 and 2 for purchase of land. This is also covered by one of those certificates. A report has been filed by the 4th respondent pursuant to the directions issued by this Court. Paragraph 4 and 5 in the said report read as follows:- “4. Facts being so, it can concluded that the land intended to be purchased by the petitioner as per agreement is not in possession of vendor, But, since the pattas had been issued from the office of the W.P.(C) No. 16653/2008 : 2: Special Tahsildar, Peerumade, an enqiry of District Collector level is desirable to prove the genuinity of pattas in respect of impugned land as alleged in the petition. It is also pertinent to note that an enquiry regarding bogus pattas in Vagamon village was conducted by Sri. Rajan Madhakkar I.P.S and the enquiry report regarding the same is known to be submitted to the Government of Kerala on 01.04.2004. So also enquiry in this regard conducted by Dy. Superintendent of Police, Vigilance is in progress. All the original records in this respect is in the custody of Dy. Superintendent of Police, Vigilance, Thodupuzha. In view of the facts detailed above, there is a need of having high level enquiry at least at the District Collector level to prove the genuineness of patta issued in respect of the assignment in the petitions. 5. It is respectfully submitted that there is delay in filing this report. The report as directed could not be filed within the stipulated time due to administrative exigencies and not due to any wilful negligence or latches on the part of the 4th respondent. The said delay may kindly by condoned and the inconvenience caused to this Honourable Court is highly regretted. The above report is filed in compliance to the order of this Honourable Court dated 27.06.2006.” I am satisfied that a genuine attempt is being made by the respondents in conducting an enquiry. If it seems that an enquiry at a higher level, at least at the level of District Collector is necessary, then the respondents shall take further steps in this regard as mentioned in this statement. Subject to the above this writ petition is disposed of. V. GIRI, JUDGE. rv W.P.(C) No. 16653/2008 : 3: W.P.(C) No. 16653/2008 : 4: