IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WA.No. 954 of 2003(A) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.6997/1994 Dated 27/02/2003 .................... APPELLANT(S): 4TH RESPONDENT IN O.P. ------------------------------------ THE ELAKAMON PANCHAYAT, REPRESENTED BY ITS EXECUTIVE OFFICER, VARKALA, (NOW ELAKAMON GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, AYROOR, VARKALA). BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): PETITIONER & RESPONDENTS 1 TO 3 IN O.P. ------------------------------------------------------ 1. K. SATHYADEVAN, S/O. KUNJU, ATTUKADAVIL VEEDU, AYROOR, NOW AT PEACE COTTAGE, NEAR RAILWAY STATION, VARKALA(DIED) 2. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE BOARD OF REVENUE, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. TAHSILDAR, CHIRAYINKIL TALUK, ATTINGA - 695 101. ADDL. 5. M. SARASWATHY, W/O. LATE K. SATHYADEVAN, ATTUKADAVIL VEEDU, AYROOR, AYROOR P.O., VIA. VARKALA, TRIVANDRUM DIST. ADDL. 6. M.S. KRISHNAKUMAR, S/O. LATE K. SATHYADEVAN, ATTUKADAVIL VEEDU, AYROOR, AYROOR P.O., VIA. VARKALA, TRIVANDRUM DIST. ADDL. 7. M.S. PADMAKUMAR, S/O. LATE K. SATHYADEVAN, ATTUKADAVIL VEEDU, AYROOR, AYROOR P.O, VIA. VARKALA, TRIVANDRUM IDST. ADDL. 8. SHAKUNTHALA, AGED 74 YEARS, W/O. PERUMAL, RESIDING AT ATTUKADAVIL PUTHEN VEETTIL, VILLIKADAVU, AIROOR, VARKALA. 2 ADDL. R5 TO R7 ARE IMPLEADED AS SUCH AS PER ORDER DATED 29.3.2006 IN I.A.NO. 477 OF 2006 ADDL. R8 IS IMPLEADED AS SUCH AS PERN ORDER DATED 7.10.2009 IN I.A.NO. 834 OF 2005 ADV. SRI.S.VINOD BHAT FOR ADDDL.5-7 R8 BY ADV. SRI. K. RENGANATHAN SRI.BABU MATHEW P.JOSEPH SRI.N.RAGHURAJ R2 TO R4 BY GOVERNMENT PLEADER SRI. P.K. BABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009, ALONG WITH WA NO. 689 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W. A. Nos. 954/2003 & 689/2006 -------------------------------------------- Dated this the 7th day of October, 2009 JUDGMENT Ramachandran Nair, J. Connected Writ Appeals are filed, one by the Panchayath and the other by the State, Challenging the judgment of the learned single Judge upholding assignment of 35 cents of land to the petitioner in the WPC who is no more and whose legal representatives are arrayed as respondents in these Writ Appeals. 2. The property involved, which is 35 cents of land, was held by the predecessors of the writ petitioner for over a century. In fact, it is an accepted position that the nature of land is river puramboke given on lease and was held as kuthakapattom land by the predecessors of the applicant for assignment. It is on record that the property was held by the predecessors of the writ petitioner from 1907 onwards. Senior counsel appearing for the legal heirs of the writ petitioner submitted that the land was lying contiguous to the other properties of the deceased applicant for assignment and it was all through under the 2 possession, and cultivation of the writ petitioner. The Panchayath's claim is highlighted by standing counsel for the Panchayath based on the vesting under Section 82 of the Kerala Panchayath Act, 1960. However, the finding of the learned single Judge is that the land does not vest with the Panchayath as it is already held under lease and enjoyment by predecessors of the applicant for assignment. The further finding of the learned single Judge is that the land was included in the assignable land under the Land Assignment Act and Rules. In fact, the original authority, who allowed the application for assignment in 1985, considered the eligibility for assignment and granted it only on being satisfied with it. We do not find any merit in the case put forward by the Panchayath to deprive persons in possession, and enjoyment of the property for over 100 years. Consequently, Writ Appeals are dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3