IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 31244 of 2009(A) -------------------------- PETITIONER: --------------- MATSYATHOZHILALI UNION, REGISTER NO.ER 78/81, NETTOOR.P.O, MARADU, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.K.RAVI SANKAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 4. TALUK SURVEYOR, KANAYANNUR TALUK, ERNAKULAM. 5. VILLAGE OFFICER, MARADU VILLAGE, MARADU. 6. VIMALA HRIDAYA CHURCH, NETTOR, REPRESENTED BY ITS VICAR. GOVERNMENT PLEADER SRI.K.RAMESH ADV. SRI.N.C.JOSEPH FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31244 of 2009(A) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Survey sketch of land in Re-Survey No.99/1 in Block 14. EXHIBIT P2 : Report dtd.10/4/2002 submitted by the 5th respondent to the 3rd respondent. EXHIBIT P3 : Letter dtd.26/8/2009 issued by the 5th respondent. EXHIBIT P4 : Judgment dtd.27/6/1997 in W.P.(C)No.17233/1996 of this Honourable Court. EXHIBIT P5 : Order dtd.16/1/2007 in R.P.No.1174/2006 in W.A.No.309/1998. RESPONDENTS' EXHIBITS:- EXHIBIT R6(1): Assignment order No.G.O.(MS)998/74/RD dtd.28/9/1974 of Govt.of Kerala. EXHIBIT R6(2): Survey sketch of the properties of 6th respondent. EXHIBIT R6(3): Communication No.B1.18584/74 dtd.28/10/74 sent by Tahsildar, Kanayannur to the 6th respondent. EXHIBIT R6(4): Patta No.1465 dtd.20/5/75 issued by Tahsildar, Kanayannur to the 6th respondent church. EXHIBIT R6(5)(a): Letter/Report No.E5-13439/09/L.Dis. dtd.15/9/09 of Tahsildar, Kanayannur Taluk. EXHIBIT R6(5)(b):Sketch obtained as per right to Information Act issued from Revenue Inspector, Trivandrum along with Ext.R6(5)(a) report. EXHIBIT R6(6): Land Tax receipt dtd.17/1/76 issued from Village Officer, Maradu to the 6th respondent. EXHIBIT R6(7): Land Tax receipt dtd.8/1/77 issued from Village Officer, Maradu to the 6th respondent. EXHIBIT R6(8): Land Tax receipt dtd.4/3/78 issued from Village Officer, Maradu, to the 6th respondent. True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.31244 of 2009 ------------------------------------------------ Dated this the 16th day of March, 2010 JUDGMENT The petitioner is a Society registered under the Travancore- Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The main prayer in the writ petition is for a direction to the respondents not to assign land in Survey No.99/1 in Block No.14 extending approximately 32 cents to the sixth respondent or others. The sixth respondent and the third respondent have filed separate counter affidavits. It is pointed out that the land to the extent of 68.216 cents of land including 32 cents of land mentioned in the writ petition was assigned as early as on 28/9/1974 as per Ext.R6(1) order and as per Ext.R6(4). Therefore, the prayer in the writ petition cannot be granted and the matter has become infructuous. The writ petition is therefore closed leaving open the contentions and the remedy of the petitioner, if any, to approach the Civil Court. T.R.RAMACHANDRAN NAIR, JUDGE skj