IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 33076 of 2011(H) -------------------------------------- PETITIONER: ------------------ MARCILY, P.A. AGED 65 YEARS, S/O ACHAN BAVA, PULITHARA HOUSE, BOLGATTY, MULAVUKAD P.O, ERNAKULAM DIST. - 682 504. BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR ERNAKULAM. 682 030. 2. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM- 682 018. 3. THE VILLAGE OFFICER, MULAVUKAD VILLAVE MULAVUKAD P.O. ERNAKULAM – 682 504. 4. THE LAND TRIBUNAL, ERNAKULAM. 5. THE SUB REGISTRAR, ERNAKULAM 6. SRI. V. SESHAGIRI PAI, S/O VENKITESWARA PAI, MANJA BHAGAVATHI LANE, NORTH CHERLAI , COCHIN – 682 002 MANAGER, VELUTHA JUTHA PALLI, JEW TOWN, MATTANCHERY, COCHIN – 682 002. R1 TO R5 BY GOVT.PLEADER M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO. 33076 OF 2011 APPENDIX PETITIONERS EXHIBITS: P1: COPY OF VOTERS ID CARD NO. BXD 1645746 OF THE PETITIONER ISSUED BY THE ELECTION COMMISSION P2: COPY OF THE NOTICE DT. 7.3.1974 ISSUED BY THE 2nd RESPONDENT P3: COPY OF THE DEMAND NOTICE DT. 5.6.1974 ISSUED BY THE 2nd RESPONDENTS P3(A): COPY OF THE SCHEDULE OF THE PROPERTY (TENANCY) P4: COPY OF THE REPRESENTATION SUBMITTED THE PETITIONER BEFORE THE 3rd RESPONDENT DT. 24.3.2010 P5: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3rd RESPONDENT DT. 18.6.2011 ALONG WITH REPLY P6: COPY OF THE PATTA DT. 6.6.1995 ALONG WITH REPORT THEREON (SMP NO. 189/1994) ISSUED BY THE LAND TRIBUNAL P7: COPY OF REPORT DT. 11.1..2011 ISSUED BY THE PUBLIC INFORMATION OFFICER P8: COPY OF THE EXTRACTS DT.30.5.2007 P9: COPY OF RELEVANT PAGES OF THE VILLAGE LAND RECORD P10: COPY OF AREA SKETCH ISSUED BY THE ADDITIONAL TAHSILDAR, KANAYANNUR TALUK DT. 28.5.2009. RESPONDENTS EXHIBITS : NIL \\ TRUE COPY\\ P.A. TO JUDGE JM ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 33076 OF 2011 ----------------------------------------------------- Dated this the 12th day of December, 2011 J U D G M E N T Petitioner says that a portion of his property which belonged to this father was transferred by his father's brother and that the 6th respondent obtained Ext.P6 patta in respect of the said property. According to the petitioner such transfer and patta are vitiated and are liable to be set aside. It is also submitted that the 6th respondent again is proposing to transfer the property. 2. In my view, even if there is substance in what the petitioner alleges, the grievance of the petitioner can be redressed only in a civil suit and not in a proceedings under Article 226 of the Constitution. Therefore the writ petition is disposed of leaving it open to the petitioner to pursue his remedies before the civil court. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge