IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 36627 of 2008(I) -------------------------- PETITIONER(S): --------------- 1. THANKAMMA, AGED 66 YEARS, W/O.CHADAYAN RAJU, THOPPUMPARAMBIL HOUSE, KURIYACHIRA P.O., THRISSUR DISTRICT. 2. VALLIYAMMA @ OMANA, AGED 60 YEARS, D/O.PONNAYAN, POOLAKAPURAMBIL, AYYANTHOL P.O. THIRUKUMARANKUDAN.THRISSUR. 3. RUGMANI D/O.RAMASWAMY, AGED 60 YEARS, POOLAKAPARAMBIL, KANNAMKULANGARA, KOORKANHERRY 4. THANKA,AGED 60 YEARS,W/O. SANKARAN, KANNAN VEEDU, PULLAZHI P.O.OLARIKARA, THRISSUR. 5. ROSA, AGED 56 D/O.GURUNANDAN LAKSHMI, PULIKAPARAMBIL, KURIYACHIRA. BY ADV. SMT.T.B.MINI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE DIRECTOR, URBAN AFFAIRS, DEPARTMENT OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 2. THE CORPORATION OF THRISSUR, REPRESENTED BY ITS SECRETARY. 3. RUGMANI W/O. KARUNAN CHANDRAN, PERINGAVU WATER HOUSE, PERINGAVU CORPORATION COLONY 4. SELVARAJ, S/O. PAZHANIYAPPAN, VALIYAVEETTIL, CORPORATION COLONY, PERINGAVU, THRISSUR. 5. MALATHY V.M. KOODAMKUTHY HOUSE, PERINGAVU CORPORATION COLONY, THRISSUR. 6. LAILA, ERAKINKAL HOUSE, PERINGAVU CORPORATION COLONY, THRISSUR. 7. K.S.SELMA,ETTUNNITHOLIYIL HOUSE, PERINGAVU CORPORATION COLONY, THRISSUR. ADV. SRI.K.P.VIJAYAN FOR R2 SRI.V.M.SYAM KUMAR FOR R2 SRI.N.P.SAMUEL FOR R5-7 SRI.C.CHANDRASEKHARAN FOR R3 & 4 SMT.KRIPA ELIZABETH MATHEWS FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36627 of 2008(I) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF THE ORDER NO.G1-360/64 DATED 20.5.1966 OF PERSON TO WHOM THE HOME ALLOTTED. EXT.P2 COPY OF THE REPRESENTATION DATED 20.2.2000. EXT.P3 COPY OF REPRESENTATION DATED 4.8.99 IN 1999 FILED BEFORE THE CORPORATION SECRETARY. EXT.P4 COPY OF THE NOTICE NO.DW6/25655/2008 DATED 20.11.2008 ISSUED BY TOWN PLANNING OFFICER OF THRISSUR MUNICIPAL CORPORATION. EXT.P5 COPY OF THE LETTER NO.DW6/21362/2007 DATED 27.10.2007 ISSUED BY THE TWON PLANNING OFFICER OF THE R2. RESPONDENTS' EXHIBITS: EXT.R3(a) COPY OF THE PERFORMA P3-13744/97 ISSUED TO KARUVANPARAMBIL CHANDRAN HUSBAND OF R3 BY THE TAHSILDAR, THRISSUR. EXT.R3(b) COPY OF THE PERMISSION LETTER NO.B-528/2000 DATED 23.6.2000 ISSUED TO R3 BY THE SECRETARY, VILVATTOM GRAMA PANCHAYAT. EXT.R3( c) COPY OF THE RATION CARD ISSUED TO R3'S HUSBAND HAVING TWO PAGES EXT.R3(d) COPY OF THE RATION CARD ISSUED TO THE R3. EXT.R3(e) COPY OF THE ELECTRICITY BILL DATED 21.5.1996 ISSUED BY THE ELECTRICAL MAJOR SECTION, KSEBOARD, VIYYUR. EXT.R3(f) COPY OF THE DEMAND AND DISCONNECTION NOTICE DATED 8.1.2009 ISSUED TO THE R3 EXT.R4(a) COPY OF THE DEATH CERTIFICATE DATED 26.3.1993 ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS VILVATTOM GRAMA PANCHAYAT REGARDING THE DEATH OF PAZHANIAPPAN, FATHER OF R4. EXT.R4(b) COPY OF THE RATION CARD ISSUED TO ANNAMKUTTI, MOTHER OF R4. EXT.R4(c) COPY OF THE CERTIFICATE ISSUED BY MRS. SASEENDRA VISWANADHAN, CORPORATION COUNCILLOR DATED 26.10.2006 ISSUED TO R4. EXT.R4(d) COPY OF THE ELECTRICITY RECEIPT DATED 23.9.2008 ISSUED TO PAZHANIAPPAN, FATHER OF R4 EXT.R4(e) COPY OF THE RATION ISSUED TO PAZHANIAPPAN, FATHER OF R4. EXT.R4(f) COPY OF PERFORMER OF POSSESSION ISSUED TO MRS. ANNAMKUTTI PAZHANIAPPAN MOTHER OF R4 DATED 29.1.1999 BY THE TAHSILDAR, THRISSUR. EXT.R5(A) COPY OF PROPERTY TAX RECEIPT ISSUED BY VILVATTOM PANCHAYAT DTD 30.12.88 IN FAVOAUR OF R5'S HUSBAND SUKUMARAN. EXT.R5(B) COPY OF 1ST AND 2ND PAGE OF RATION CARD IN THE NAME OF R5'S HUSBAND SUKUMAMRAN. EX.R5(C) COPY OF PROPERTY TAX RECEIPT OF THRISSUR CORPORATION DTD 11.2.09. EXT.R5(D) COPY OF PROVISIONAL INVOICE CARD ISSUED BY WATER AUTHORITY TO SUKUMARAN. EXT.R5(e) COPY OF THE APPLICATION FOR ASSIGNMENT OF PURAMBOKE LAND OF SUKUMARAN ON 12.12.94. EXT.R5(f) COPY OF STATEMENT OF SUKUMARAN TO VILLAGE OFFICER, PERINGAVU. EXT.R5(g) COPY OF MAHAZAR PREPARED BY PERINGAVU VILLAGE OFFICER ON 28.11.95. EXT.R(h) COPY OF POSSESSION CERTIFICATE nO.B3-1160/97 DTD 11.12.97 ISSUED BY T AHSILDAR, THRISSUR TO SUKUMARAN. EXT.R5(i) COPY OF LETTER PDW 13-1616/95 DTD 31.10.95 ISSUED BY THRISSUR CORPORATION. EXT.R5(j) COPY OF IDENTITY CARD OF SUKUMARAN. EXT.R5(k) COPY OF IDENTITY CARD OF MALATHY. EXT.R6(a) COPY OF PROPERTY TAX RECEIPT ISSUED BY VILVATTOM PANCHAYAT FOR THE YEAR 86-87 TO KUNHIMON DATED 10.9.86. EXT.R6(b) COPY OF PROPEPRTY TAX RECEIPT FOR THE YEAR 88-89 ISSUED BY VILVATTOM PANCHAYAT TO KUNHIMON EXT.R6(c) COPY OF 1ST PAGE OF RATION CARD IN THE NAME OF KUNHUMON. EXT.R6(d) COPY OF APPLICATION FOR ASSIGNMENT OF PURAMBOKE LAND OF R6-LAILA ON 13.11.1995. EXT.R6(e) COPY OF STATEMENT FILED BY R6 LAILA BEFORE PERINGAVU VILLAGE OFFICER EXT.R6(f) COPY OF MAHAZAR PREPARED BY PERINGAVU VILLAGE OFFICER ON 28..11.95. EXT.R6(g) COPY OF ORDER DTD 31.10.95 ISSUED BY THRISSUR CORPORATION. EXT.R6(h) COPY OF POSSESSION CERTIFICATE ISSUED BY TAHSILDAR, THRISSUR TO R5 LAILA ON 11.12.19997. EXT.R6(i) COPY OF RECEIPT ISSUED BY WATER AUTHORITY TO LAILA EXT.R6(j) COPY OF IDENTITY CARD OF HAMEED. EXT.R6(k) COPY OF IDENTITY CARD OF LAILA. EXT.R7(a) COPY OF BUILDING TAX FOR THE YEAR 83-84 OF VILVATTOM PANCHAYAT DTD 15.3.84. EXT.R7(b) COPY OF BUILDING TAX FOR THE YEAR 94-95 OF VILVATTOM PANCHAYAT DTD 18.10.94. EXT.R7(c) COPY OF PROPERPTY TAX FOR THE YEAR 08-09 ISSUED BY THRISSUR CORPORATION. EXT.R7(d) COPY OF WATER TAX RECEIIPT DATED 11.12.95. EXT.R7(E) COPY OF 1ST AND 2ND PAGE OF RATION CARD IN THE NAME OF R7 SELMA. EXT.R7(f) COPY OF APPLICATION SUBMITTED BY SELMA FOR ASSIGNMENT OF PURAMBOKE LAND ON 24.11.95. EXT.R7(g) COPY OF STATEMENT SUBMITTED BY SELMA TO PERINGAVU VILLAGE OFFICER EXT.R7(h) COPY OF MAHAZAR PREPARED BY PERINGAVU VILLAGE OFFICER ON 28..11.1995. EXT.R7(i) COPY OF POSSESSION CERTIFICATE ISSUED BY TAHSILADR, THRISSUR TO SELMA ON 11.12.97. EXT.R7(j) COPY OF IDENTITY CARD OF MOHAMMED. EXT.R7(k) COPY OF IDENTITY CARD OF SELMA EXT.R7(l) COPY OF ORDER DATED 31.10.95 ISSUED BY THRISSUR CORPORATION /TRUE COPY/ P.S. TO JUDGE cl P.R.RAMACHANDRA MENON, J. .............................................. W.P(C).NO.36627 OF 2008 ............................................. Dated this the 26th day of September, 2011. JUDGMENT Petitioners have approached this Court with the following prayers: “i. issue a writ of mandamus or any other writ or direction directing the 2nd respondent not to issue pattayam to 3 to 7 respondents to houses which was allotted to the predecessors of the petitioners by Ext.P1 order; ii. Issue a writ of mandamus or any other writ or direction directing the 2nd respondent to issue pattayam to the houses which was allotted to the husbands of predecessors of t he petitioners by Ext.P1 order”. 2. Heard the learned counsel for the petitioners, learned Government Pleader appearing for the first respondent, learned standing counsel for the second respondent and so also the learned counsel appearing for respondents 3 to 7. 3. The learned counsel for the petitioners submits that steps were taken by the second respondent for issuance of pattayam to the respondents 3 to 7 which is not liable to be pursued, stating that it is the petitioners who are entitled to have pattayam in respect of the land. The aforesaid claim is vehemently opposed by the learned W.P(C).NO.36627 OF 2008 : 2 : counsel for the respondents 3 to 7. A detailed counter affidavit has been filed by the concerned respondents producing copies of the relevant documents in support of their case. Learned counsel for the respondents 3 and 4 brought to the notice of this Court that the very prayers raised by the petitioners are thoroughly wrong and misconceived in so far as, absolutely no power is vested with the second respondent to issue any pattayam. 4. Going by the prayers raised in the writ petition, no power or authority is vested with the second respondent/local authority with regard to the issuance of pattayam under the relevant provisions of the Kerala Land Assignment Act/Rules. Though a reference is made by the learned counsel for the petitioners to Ext.P5 dated 27.10.2007 issued by the Town Planning Officer of the 2nd respondent, there is no challenge against the said document and it has not been sought to be set aside, raising any legally sustainable contentions. In the said circumstances, this Court finds that no relief, as prayed for in the writ petition, can be granted. The writ petition fails and it is dismissed accordingly. P.R.RAMACHANDRA MENON, JUDGE. cl