IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 18788 of 2009(P) --------------------------------------- PETITIONER(S): -------------------------- PAPPY KARTHIAYANI, D/O.PAPPY, KUMBALAM POYKAYIL HOUSE, KATTAPPANA, IDUKKI DISTRICT. BY ADV. MR.T.I.ABDUL SALAM RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, KOTTAYAM. 2. TAHASILDAR, MEENACHI, PALA, KOTTAYAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.18788 of 2009-P ------------------------------ Dated this the 17th day of September, 2009. J U D G M E N T The petitioner, who claims title over 6.85 acres of land situated in Re-survey No.244/6, 7, 8 and 9 of Kadanadu village, Meenachil Taluk at Kottayam District, has filed this writ petition seeking a writ in the nature of mandamus commanding the District Collector, Kottayam and the Tahsildar, Meenachil Taluk to remove all encroachments in his land and restore the same to her after conducting an effective enquiry. Pursuant to the directions issued by this Court, the learned Government Pleader has after obtaining instructions from the respondents filed a statement to the effect that the petitioner is not in a possession of the land described in the writ petition for the past several years and that she has been informed that her remedy lies in moving the competent civil court. In my opinion as the relief claimed by the petitioner is one to recover possession of property on the strength of title, her remedy lies in moving the competent civil court. I accordingly dismiss this writ petition without prejudice to the petitioner's contentions and reserving liberty with her to move the competent civil court seeking redressal of her grievances. Sd/- P.N.RAVINDRAN, JUDGE ab //True Copy// PA to Judge