IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 25488 of 2007(H) ------------------------- PETITIONER: ------------------ THE PRESIDENT, KEEZHUPARAMBA GRAMMA PANCHAYATH, KEEZHUPARAMBA P.O., MALAPPURAM DISTRICT. BY ADVS. SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE (L) DEPT. GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. TAHSILDAR, ERNAD TALUK, MALAPPURAM DISTRICT. R1 TO R3 BY SMT. SMITHA SUKUMARAN, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.25488/2007 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE RE-SURVEY REGISTER OF KEEZHUPARAMBA AMSOM. EXT.P2 – TRUE COPY OF THE COMMUNICATION DATED 21-05-2007. EXT.P3 – TRUE COPY OF THE COMMUNICATION DATED 23-05-2007. EXT.P1 – TRUE COPY OF THE COMMUNICATION DATED 21-06-2007. RESPONDENTS EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE AMG S. SIRI JAGAN, J. ------------------------------------------------- W.P (c) No.25488 OF 2007 ------------------------------------------------- DATED THIS THE 10th DAY OF JUNE, 2011 JUDGMENT The petitioner is the President of Keezhuparamba Grama Panchayat. In the Panchayat there was one pond measuring 6.09 acres. According to the Panchayat the said pond was used by the public of the Panchayat for their various needs of water. The Panchayat would contend the pond is unassessed puramboke land which is vested with the Panchayat by virtue of Section 82 of Kerala Panchayat Act, 1960. Over the years, various persons have encroached into the said pond and the total area of the pond was increasingly reduced and there is only a small pond at present. The Panchayat approached the Collector to get the land comprised of the pond recovered from the encroachers and to restore the land to the Panchayat, who is the rightful owner of the said land. It is also submitted that in all revenue records the pond is shown as unassessed puramboke land. After considering the petitioner's representation, the District Collector issued Ext.P4 letter to the Secretary of the Panchayat stating that pattas have been issued to the persons who are in possession of the land under the Kerala Land Reforms Act and therefore the remedy of the Panchayat is to approach the Appellate authority W.P (C) No.25488/2007 -2- under the Kerala Land Reforms Act under Section 102 of the Act for cancellation of the pattas issued to the persons in possession of the land. The petitioner is challenging that letter. According to the petitioner the land is vested in the panchayat by statute and therefore the District Collector cannot relegate the Panchayat to the appellate remedy under the Kerala Land Reforms Act for cancellation of the pattas and the District Collector has a duty to restore the possession of the land to the Panchayat after evicting the encroachers. The Petitioner therefore seeks the following reliefs. (i) issue a writ of certiorari or any other appropriate writ or order or direction to quash Ext.P4 order; (ii) direct the 2nd respondent to implement Ext.P2 and Ext.P3 orders and remove the encroachers from the Panchayat land. 2. A counter affidavit has been filed by the 3rd respondent taking the stand that in so far as the land in question is occupied by the persons to whom pattas have been issued by the Government under the Kerala Land Reforms Act, unless and until the pattas are cancelled by a process known to law, the Collector cannot evict the persons in possession in so far as they are in possession of the properties on the basis of valid title. W.P (C) No.25488/2007 -3- 3. I have considered rival contentions in detail. In so far as the alleged encroachers have already been issued pattas under the Kerala Land Reforms Act, unless and until the pattas are cancelled by a process known to law, the persons in possession on valid title to the property in question cannot be evicted by the Collector simply on the basis of representation or request from the panchayat. Therefore, if the petitioner has got a case that pattas were illegally issued, then, as rightly pointed out by the District Collector, the remedy of the petitioner lies in seeking invalidation of pattas in accordance with the procedure prescribed under the Kerala Land Reforms Act. Without prejudice to that right this writ petition is dismissed. Sd/- S. SIRI JAGAN, JUDGE. AMG True copy P.A to Judge