IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 24839 of 2008(F) PETITIONER(S): 1. KARTHIAYANI, AGED 61 YEARS, W/O BALAN, KADAVARATH HOUSE, CHALISSERY, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. KAUSALYA, AGED 52 YEARS, W/O RAJAN, MALAPPURATH HOUSE, KOOTTANADU, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): 1. THE SECRETARY, NAGALASSERI GRAMA PANCHAYATH, NAGILISSERY, PALAKKAD DISTRICT. 2. DISTRICT JOINT DIRECTOR, AGRICULTURE DEPARTMENT, PALAKKAD. 3. AGRICULTURE OFFICER, KRISHI BHAVAN, NAGALASSERY, PALAKKAD. 4. SECRETARY, TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIIONS, THIRUVANANTHAPURAM. 5. STATE OF KERLA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMETN DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. THE REVENUE DIVISIONAL OFFICER, PALAKKAD. ADDL. R6 IS IMPLEADED AS PER ORDER DT. 21-10-2009 IN I.A.NO.13055/08. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R1 SMT.N.SANTHA FOR R1 SRI.S.A.ANAND FOR R1 GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C.NO. 24839/2008. ------------------------------------------------------------------ EXT.P1 COPY OF PARTITION DEED DT. 15-6-1991. EXT.P2 RELEASE DEED DT. 20-2-2007. EXT.P3 PICTURE OF FLUX BOARD. EXT.P4 TAX RECEIPT DT. 9-3-2006. EXT.P5 ENCUMBRANCE CERTIFICATE DT. 22-8-2007. EXT.P6 REPRESENTATION DT. 10-9-2007. EXT.P7 REPLY NOTICE DT. 11-10-2007. EXT.P8 JUDGMENT IN W.P.C.NO. 28611/2007. EXT.P9 JUDGMENT IN W.P.C.NO. 6420/2008. EXT.P10 ORDER DT. 14-3-2008. EXT.P11 ORDER DT. 14-3-2008. EXT.P12 APPLICATION DT. 22-3-2008. EXT.P13 COPY OF EVELOPE. EXT.P14 RELINQUISHMENT PAPER. EXT.P15 LETTER DT. 13-7-2008. RESPONDENTS' EXHIBITS: ------------------------------------- EXT.R1(a) LETTER DT. 5-9-1984. EXT.R1(b) LETTER DT. 10-12-1984. EXT.R1(c) LETTER DT. 3-1-1985. EXT.R1(d) REPRESENTATION DT. 26-11-2008. EXT.R1(e) LETTER DT. 3-1-1985. EXT. R1(f) ORDER DT. 14-2-1985. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 24839 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th February, 2009. J U D G M E N T Petitioners have filed this writ petition alleging that without any authority, the 1st respondent has encroached into the petitioners' property and constructed a building thereon. Petitioners themselves referred to reliance by the respondents on a relinquishment letter submitted by the petitioners and others. According to the petitioners, there is no such relinquishment. In the above circumstances, I directed the Government Pleader to make available the relinquishment letter. 2. Initially, it was reported that the records are missing. The 1st respondent filed an affidavit producing Exts.R1(a), R1(b) and R1(c) communications between the Deputy Director of Agriculture, Joint Director of Agriculture, Sub Collector, Palakkad and the Revenue Divisional Officer, Ottappalam, which specifically refer to relinquishment statements. The question as to whether there is a relinquishment by the petitioners is a matter of proof. Since the Panchayat has admittedly constructed the building, they are in possession of the land for quite some time. In the above circumstances, in order to grant relief to the petitioners, evidence has to be taken, which is not possible in a writ petition. The remedy of the petitioners lie in filing a suit, if they can, at this point of time. In the above circumstances, without prejudice to such right, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/