IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 29979 of 2003(R) ---------------------------------- PETITIONER: ----------------------- S.K.MAMU, AGED 69 YEARS, S/O.KHADER, THANAVU, 38/181, OLAVAKKOD, PALAKKAD. BY ADV. SRI.H.BADARUDDIN RESPONDENTS: ------------------------ 1. THE TAHSILDAR, PALAKKAD TALUK, PALAKKAD. 2. VILLAGE OFFICER, PALAKKAD I VILLAGE, NORTH POLICE STATION COMPOUND, PALAKKAD. 3. SAIDUTTY, S/O.LATE EAPU, THANAVU, OLAVAKKOD, PALAKKAD. SRI. I.V. PRAMOD, GOVERNMENT PLEADER FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29979 of 2003 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1(a): A TRUE COPY OF LICENCE ISSUED PALAKKAD MUNICIPALITY TO PETITIONER FOR THE PERIOD ¼/1961 TO 31/3/1962 WITH REF. NO.L. DIS 35/88/61 DATED 30/5/1961. EXHIBIT P1(b) : A TRUE COPY OF THE LICENCE FOR THE PERIOD 1/41962 TO 31/3/1963 DATED 21/6/1962. EXHIBIT P1(c): A TRUE COPY OF THE LICENCE TOT HE PETITOINER FOR THE PERIOD 1/04/1963 TO 31/3/64 DATED 12/12/1963. EXHIBIT P2: A TRUE COPY OF RECIEPT NO.3152/152 FOR THE PAYMENT OF LICENCE FEE DATED 23/2/1963. EXHIBIT P3(a): A TRUE COPY OF THE RECEIPT PROFESSIONAL TAX YEAR 1961-62. EXHIBIT P3(b): A TRUE COPY OF THE RECIEPT PROFESSIONAL TAX YEAR 1963-64. EXHIBIT P4 SERIES: A TRUE COPY OF THE RECIEPT FOR PROFESSIONAL TAX FOR 1994-2003. EXHIBIT P5 SERIES: A TRUE COPY OF RECEIPTS FOR PROPERTY TAX 1996 TO 2004. EXHIBIT P6 SERIES: A TRUE COPY OF CERTIFICATES VERIFICATION ISSUED LEGAL METROLOGY DEPT. EXHIBIT P7 SERIES: A TRUE COPY OF NOTICE OF ELECTRICITY CON.NO.2830 TO DOOR NO.36/181. EXHIBIT P8: A TRUE COPY OF THE NOTICE DATED 11/6/2003. EXHIBIT P 9: A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT IMPOSING FINE. /TRUE COPY/ P.A. TO JUDGE scm ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29979 of 2003 --------------------------------- Dated, this the 3rd day of June, 2009 J U D G M E N T Prayer sought in the writ petition is to quash Ext.P8 series of notices and Ext.P9 proceedings of respondents 1 & 2. The petitioner also seeks a direction to restrain the respondents from evicting the petitioner from the land comprised in Survey No.3127/1 in Block No.77 of Palakkad Village unless and until the dispute of title is settled by a Civil Court. 2. Briefly stated the facts of the case are that the petitioner is in occupation of 5x4 sq.m. of land comprised in the aforesaid survey number. He was issued Ext.P8 show cause notice, calling upon him to vacate from the premises. Finally, by Ext.P8(2), after hearing the petitioner, Ext.P8 was confirmed, and he was requested to vacate from the premises. Later by Ext.P9, fine of Rs.200/- was also imposed on the petitioner. It is challenging these proceedings, the writ petition has been filed. 3. Grounds raised in the writ petition show that the claim of WP(C) No.29979/2003 -2- the petitioner is that, the alleged puramboke land is a part of his patta land, and that even if, Government have any right, the same has been lost by the law of prescription and continuous and uninterrupted occupation. 4. Documents relied on by the petitioner to establish his title over the property are Exts.P1 to P7. These are licences, Municipality receipts, electricity bills etc. None of these documents, even by implication, suggest that the petitioner has title over the property. If that be so, on the materials produced, the claim of the petitioner that this is a part of his patta land, cannot be accepted. 5. In the light of the averments made in the counter affidavit filed by the 1st respondent with a positive assertion that the land in question is a puramboke land, which was encroached upon by the petitioner, this Court cannot grant any of the reliefs sought for in the writ petition. Therefore, the writ petition is only to be dismissed, and I do so. (ANTONY DOMINIC, JUDGE) jg