IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 6256 of 2007(T) ------------------------- PETITIONER(S): --------------- SARASWATHIAMMA, UNNIBHAVANAM, KOOVALATHUTHARA THEKKATHIL, SASTHAMCOTTA, KOLLAM DISTRICT. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE SASTHAMCOTTA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, SASTHAMCOTTA, KUNNATHUR TALUK, KOLLAM. 3. SASTHAMCOTTA GRAMA PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT T.R.SANKARAPILLAI, SASTHAMCOTTA GRAMA PANCHAYAT, SASTHAMCOTTA. ADV. SRI.M.RAMESH CHANDER FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No. 6256 OF 2007 ------------------------ Dated this the 30th day of September, 2009. JUDGMENT Petitioner has approached this court complaining that respondents 2 and 3 are proceeding to construct a building in a portion of the land which is essentially a revenue puramboke vested in the Panchayat only for the limited purpose of maintenance, management, control etc. 2. Briefly stated the facts of the case are that the petitioner owns two cents of land by virtue of Ext.P1 Patta. It is stated that in the said plot of land she has constructed a building in which she is residing and is used for earning her livelihood. According to the petitioner, pursuant to Ext.P5 judgment, Government considered the claim of the Panchayat over 10.98 acres of land in Sy. No.575/1 of Sasthamkotta Village. The Government concluded the issue by holding thus. “Out of the total 10 Acres 98 Cents in Sy. No.575/1, the market puramboke comes to 2 Acres 50 Cents only. This 2 Acres 50 Cents of market puramboke land was vested with the Panchayat for the proper maintenance, management, control etc. The Panchayath is only having managerial right on the 2.50 Acres of market puramboke and on which the market is functioning. Their claim over the other land adjoining to it, is baseless. There are clear boundaries in the market puramboke. The market land and compound where the Panchayat Office situates covers only 2.50 Acres. WP(c).No.6256/07 2 The land assigned to Smt. Saraswathy (Additional Respondent 6) w/o of Sri. Gopalakrishnan (addl.R5) having an extent of 2 Cents and land encroached by the above said Gopalakrishnan(i.e.addl.R5) having an extent of 3 cents are included in the market puramboke. But the land under possession of Sri. Shahul Hameed Rawther(Addl.R7) having an extent of 13.7 cents is not included in the land vested to the Panchayat. Government have examined the entire matter in detail with the relevant records of the case and found that the 2.50 Acres of market puramboke land is vested with the Sasthamkotta Grama Panchayath only for proper maintenance, management and control of the land. This 2.50 Acres of land has not been transferred to the Panchayath. Hence the Panchayath has no claim over this land and the other land adjoining to this. Therefore, Government uphold their right to reserve the land in question as Revenue puramboke land and reject the claim of the Panchayat to establish right over the entire 10.98 Acres of land including the 2.50 Acres of market puramboke land and they order accordingly. The direction of the Hon'ble High Court in the judgment read as first paper above is thus complied with.” 3. It is stated that in spite of the above, without obtaining permission or other order from the Government, the Panchayat is proceeding to undertake construction of a building in a portion of 2.5 acres of land mentioned above. Another complaint of the petitioner is that the Panchayat has not numbered the building constructed by her in the land covered by the Patta. It was thereupon that the writ WP(c).No.6256/07 3 petition is filed. 4. The Panchayat has filed a counter affidavit and it is stated that the Panchayat is using the aforesaid 2.5 acres of land as a market, where they have also constructed several buildings. It is stated that pursuant to Ext.R2(b) request made by the Kollam District Panchayat, the Panchayat has agreed to the District Panchayat constructing building in 5 cents of land out of the 2.5 ares. In so far as the request of the petitioner to direct the Panchayat to number the building concerned, no satisfactory explanation is forthcoming. 5. In so far as the proposal for construction of the building is concerned, since Ext.P6 order passed by the Government in respect of the land in question has become final and binding on the Panchayat, respondent Panchayat or the District Panchayat cannot undertake any construction in the building unless appropriate orders from the Government enabling them to undertake such construction has been obtained. As at present they have not obtained any such order and therefore until orders are obtained, no construction can be undertaken. 6. In so far as the request of the petitioner for numbering the building constructed by her is concerned, the title of the land in WP(c).No.6256/07 4 question vests with the petitioner as per Ext.P1 Patta and the petitioner's possession of land is also recognized by the Government in Ext.P6 order. If that be so, there is no reason why the building shall not be numbered. Necessary action in this regard shall be taken by the Panchayat on the production of a copy of the judgment. 7. It is clarified that this judgment will not stand in the way of the respondent Panchayat or District Panchayat seeking orders from the Government for construction of any building in the revenue puramboke land mentioned above. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/