IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WA.No. 724 of 2009 ---------------------- AGAINST THE JUDGEMENT IN WPC.34664/2008 Dated 28/01/2009 .................... APPELLANT/PETITIONER -------------------------- MATHAI RAJAN,S/O.M.MATHAI, VALLITHUNDIL PEEDIKAYIL HOUSE, KADAMBANADU SOUTH MURI, KADAMBANADU VILLAGE,ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENTS/RESPONDENTS ---------------------------------- 1. THE STATE OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, R.D.O.OFFICE,ADOOR VILLAGE, ADOOR TALUK,PATHANAMTHITTA. 4. THE TALUK TAHSILDAR,ADOOR TALUK OFFICE, ADOOR VILLAGE,ADOOR TALUK, PATHANAMTHITTA. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A.No.724 of 2009 ------------------------------------------ Dated this the 24th day of May, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by the judgment dated 28th January, 2009 in W.P.(C) No.34664 of 2008, the unsuccessful petitioner preferred the present writ appeal. 2. The necessary facts stated in the first paragraph of the judgment under appeal succinctly are as follows: “Petitioner is in possession of 2.10 ares of land in Survey No.315/1 of Kadambanad Village situated at Kadambanadu junction facing Kadambanad-Enathu road and Kadambanad-Sasthamkotta road. According to the petitioner, the 4th respondent initiated proceedings for demolition of a portion of the building on the allegation that the plot having an area of 47 square meter was Purambokku land. The petitioner thereupon made an application for its assignment and that was rejected. The appeal filed was also dismissed by the Revenue W.A.No.724 of 2009 2 Divisional Officer. The revision filed before the Land Revenue Commissioner also was dismissed by Ext.P4. It is in these circumstances the writ petition is filed.” 3. In our view, the writ petition is wholly misconceived. The appellant/petitioner has absolutely no manner of any legal right for seeking the reliefs such as the one sought in the writ petition. In fact, the writ petition was filed with the following prayers: “a) Call for the records of the case leading upto Exts.P2, P3 and P4 and to quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction. b) Pass an order directing respondents 2 to 4 to allow the prayer of the petitioner to assign 46 M² of land in R.S.315/1 of Kadambanad Village to the petitioner. c) Pass an order staying all further proceedings in pursuance to Exts.P2, P3 and P4 orders pending disposal of this writ petition, and d) pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.” W.A.No.724 of 2009 3 4. It appears from the various allegations made in the writ petition that the appellant/petitioner claims that his ancestors were in possession of the property in issue for a long period of time and there existed a building. It is not the case of the appellant at any stage that he has any kind of title to the property. On the other hand, the admitted case is that there is an order of eviction against the appellant from the property in issue under the provisions of the Kerala Land Conservancy Act. The eviction order is dated 3.10.2006 which admittedly has become final. 5. In the background of the abovementioned facts, the appellant attempted to argue that the property in issue is not really necessary for the State. We are of the opinion that such an argument is totally impermissible in the absence of any legally enforceable right in favour of the appellant. In our view, the learned Judge has rightly dismissed the writ petition. W.A.No.724 of 2009 4 We do not see any reason to interfere with the judgment under appeal. Therefore, the writ appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns