IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 22843 of 2008(T) -------------------------- OA.341/2008 of LAND TRIBUNAL, PATHANAMTHITTA .................... PETITIONER(S): --------------- GOPALAN, S/O.KARUMPAN, 80 YEARS THENNAPARAMPIL HOUSE, VADAKKEKARA, PAZHAKULAM EAST, [ERINGANADU VILLAGE, ADOOR TALUK. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA 2. ADL.THAHSILDAR, TALUK OFFICE, ADOOR 3. MARY MATHEW, KANJIRAPARA BUNGLOW PAZHAKULAM EAST, PERINGANADU VILLAGE ADOOR TALUK. BY GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22843/2008 -------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner claims to be a cultivating tenant in respect of 55 cents of land in Survey No.349/1 and Re- Survey No.382/1 of Peringanadu Village in Adoor Taluk. He claims fixity of tenure in respect of the said land. He has filed an application as O.A.341/2008 before the Land Tribunal, Pathanamthitta, for purchase of the landlord's right and interest in relation to the property. The said application is pending disposal before the Land Tribunal. In the meanwhile, Ext.P3 notice has been issued, whereby the second respondent has proposed the sale of the land having an extent of 1.01.323 Acres in Re-Survey No.382/1. According to the petitioner, this includes the land in his possession also. If the petitioner claims to be in possession of the land and if there is a threat to this possession or has been actually dispossessed, then his remedy lies before the Civil Court. He is entitled to approach the competent Civil Court for either getting declaration of status in relation to the property which he W.P.(C).22843/2008 2 claims as cultivating tenant or for protecting his possession in relation to the said property, provided he is actually in possession, before the competent Civil Court. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs