IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 2280 of 2008(U) ------------------------- PETITIONER(S): --------------- 1. V.T.KAMARUDHEEN, CHEERAKUZHIYIL HOUSE, P.O. TRIKKANAPURAM, (VIA) THAVANOOR-679 573, MALAPPURAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, V.T.FAYYAZ. 2. V.T. FAYYAZ, CHEERAKUZHIYIL HOUSE, P.O. TRIKKANAPURAM, (VIA) THAVANOOR-679 573, MALAPPURAM DISTRICT, BY ADV. SRI.MOHAN PULIKKAL SMT.MANJU RAJAN SMT.A.AMRUTHA VIDYADHARAN RESPONDENT(S): --------------- 1. THE TAHSILDAR, PONNANI. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE (L) DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. SALIM P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 2280 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th August, 2009. J U D G M E N T The petitioner is aggrieved by the action of the respondents in allegedly encroaching into the property of the petitioners covered by Exts.P1 and P2 documents. They seek the following reliefs in this writ petition: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent not to disturb the possession of the petitioners over any part of their properties lying within their well-demarcated compound wall, covered by Ext. P1 and P2 deeds; (ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to remove the notice board forcibly put up by him inside the petitioners' property depicting that that portion of the property is Government land. (iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to pass orders on the petitioners' P7 and P9 applications for assignment of land.” 2. In the counter affidavit filed by the 1st respondent, in paragraph 6, it is stated thus: “6. The revenue authorities had conducted the site inspection for demarcating the survey boundary of Government land in RS No.292 only. The authorities had no intention whatsoever to defy the Government Order dated 6-9-1996. Moreover, the petitioner's possession on whatever land with him was not at all disturbed by the authorities. The petitioner's request for assigning land is being processed as per the existing rules. The revenue authorities had only shown the survey boundaries of the Government land possessed by the Jail Department in Rs.No. 292/IB. The revenue department has not put up any board in the land possessed by the Jail Department. No coercive steps were initiated against the petitioner in this regard also. In short the entire survey work was conducted in RS No. 292 and the petitioner have no document at their disposal to substantiate their claim over the land in R.S.No. 292. The survey team of Revenue officials headed by the Additional Tahsildar, Ponnani and the officials of the Jail Department were present in the site for the demarcation of the land in question. No police W.P.C. No. 2280/08 -: 2 :- force was called for the inspection of the land. The survey team might have entered into the property of the petitioner for fixing the survey lines, and calling this act as intrusion is not acceptable at all. The act of the revenue officials was neither intended to disturb the possession of the petitioner nor for disrespecting any Government Order in this regard. The revenue officials were simply discharging their duties following a written request from the Jail Superintendent, Ponnani Sub jail, seeking the demarcation of the land in the possession of jail department. It is true that following the application of the petitioner, the revenue department is looking into the matter of assignment. But it is to be noted that the Government Order does not suggest to assign the land to the petitioner. Instead, the order seeks to examine the scope for assigning the land adhering all the statutory formalities. The District Collector, Malappuram vide letter No. L.Dis/36576/2003/B2 dated 23-9-03 has made it clear that the Government by virtue of the order No. (RT) 3164/1996/RD dated 6-9-2006 has ordered only to consider the application of the petitioner for the assignment of the land in favour of him, and being things as such all statutory formalities should be observed in processing such application.” In view of the above averments to the effect that they have no intention to encroach into or disturb possession of the properties of the petitioners covered by Exts.P1 and P2 documents, recording the above averments in the counter affidavit, this writ petition is closed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.