IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WA.No. 624 of 2009 --------------------------- AGAINST THE JUDGMENT IN WP(C) NO.24839/2008 DATED 13.2.2009 APPELLANTS/PETITIONERS: ----------------------------------------- 1. KARTHIAYANI, AGED 62 YEARS, W/O.BALAN, KADAVARATH HOUSE, CHALISSERY, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. KOUSALYA, AGED 53 YEARS, W/O.RAJAN, MALAPPURATH HOUSE, KOOTTANADU, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENTS/RESPONDENTS: ----------------------------------------------- 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 INSTITIONS, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. REVENUE DIVISIONAL OFFICER, PALAKKAD, R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R2 TO R6 BY SR.GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.624 of 2009 ------------------------------------------ Dated this the 22nd day of September, 2009 JUDGMENT A.K.Basheer, J. Appellants/petitioners who are sisters claim that they are the joint owners of 67 cents of land in Resurvey No.234/2A of Nagalassery Village within the limits of Nagalassery Grama Panchayat. Their grievance appears to be that they have been dispossessed by the Grama Panchayat from 10 cents of the property referred to above on the premise that they had given a relinquishment letter surrendering their right, title and possession over the said extent of land in favour of the Agriculture Department under the Government of Kerala. 2. According to the Grama Panchayat, after the coming into force of the Kerala Panchayat Raj Act, the Local Self Government Institution had come into possession of the said land from the Government. Anyhow, we do not propose to deal with the various contentions raised by the parties. Detailed counter affidavits have been filed on behalf of the respondents. W.A.No.624 of 2009. - 2 - 3. The learned Single Judge after adverting to the various contentions raised by the parties, particularly Ext.R1(a), deemed it fit to relegate the petitioners to the remedy available to them before the civil court. As rightly pointed out by the learned Single Judge, the various contentions raised by the petitioners and the respondents have to be thrashed out in a civil case. We do not find any reason to interfere with the view taken by the learned Single Judge. Therefore, the writ appeal is disposed of with liberty to the appellants to approach the civil court for redressal of their grievances. We make it clear that the civil court will be at liberty to take a decision untrammelled by any of the observations made by the learned Single Judge in the impugned judgment. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns