IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 32085 of 2003(T) -------------------------------------- PETITIONERS: ------------------ 1. V.C. PAULOSE, VELLAMACKAL, HOUSE NO.602, SURIANELLY P.O., SINGUKANDOM. 2. B.S. SUCHITHRAN, BUNGALVU PARAMBIL, SURIANELLY P.O., SINGUKANDOM. 3. P.N. RAJAN, PAREMADATHIL, SURIANELLY P.O., SINGUKANDOM. 4. P.C. SHAJI, PATTAKUNNEL, HOUSE NO.657, SURIANELLY P.O., SINGUKANDOM. 5. JOHNY NICHOLOS, PAREMADATHIL, SURIANELLY P.O., SINGUKANDOM. 6. P.N. JAIMON, PAREMADATHIL, SURIANELLY P.O., SINGUKANDOM. 7. K.R. ASOKAN, MARIYIL HOUSE NO.618, SURIANELLY P.O., SINGUKANDOM. 8. P.T. MARKOSE, PATTAKUNNEL, HOUSE NO.657, SURIANELLY P.O., SINGUKANDOM. 9. P.D. SHAJI, PEZHUMKUIDYIL, SURIANELLY P.O., SINGUKANDOM. 10. P.D. JOY, PEZHUMKUDIYIL, SURIANELLY P.O., SINGUKANDOM. 11. M.P. BABY, MARAMCHERIYIL, SURIANELLY P.O., SINGUKANDOM. 12. ROSAMMA CHACKO, NEDUNGADAYIL HOUSE, SURIANELLY P.O., SINGUKANDOM. W.P.(C) NO.32085/2003 13. TOMY THOMAS, KANNETH PARAMBIL, SURIANELLY P.O., SINGUKANDOM. 14. SUSY MOHAN RAJ, KEECHERIYIL, SURIANELLY P.O., SINGUKANDOM. 15. LEELAMMA, THANNIVEETTIL, HOUSE NO.610, SURIANELLY P.O., SINGUKANDOM. 16. OMANAKOCHU, ETTIKKAL, SURIANELLY P.O., SINGUKANDOM. 17. OMANAKUTTAN. K.S., KARIPPARAYIL, SURIANELLY P.O., SINGUKANDOM. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, PATHANAMTHITTA. 3. TAHSILDAR, UDUMBANCHOLA. 4. VILLAGE OFFICER, CHIANNAKKANAL. 5. REVENUE DIVISIONAL OFFICER, DEVIKULAM. BY GOVERNMENT PLEADER SMT. K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, ALONT WITH WP(VC) NO.40459/2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32085/2003 APPENDIX PETITIONER'S EXHIBITS, EXT.P1:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A2- 1162/03 DT. 2.8.03 ISSUED TO THE IST PETITION BY THE SECRETARY, CHINNAKANAL GRAMA PANCHAYAT. EXT.P2:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A2- 1154/03 DT. 2.8.03 ISSUED TO THE 2ND PETITIONER BY THE SECRETARY, CHINNAKANAL GRAMA PANCHAYAT. EXT.P3:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A2-1160/03 DT. 2.8.03 ISSUED TO THE 3RD PETITIONER BY THE SECRETARY, CHINNAKANAL GRAMA PANCHAYAT. EXT.P4:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A-25/02 DT. 20.4.02 ISSUED TO THE 5TH PETITIONER BY THE SECRETARY, CHINNAKANAL GRAMA PANCHAYAT. EXT.P5:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A2-1159/03 DT. 2.8.03 ISSUED TO THE 6TH PETITIONER BY THE SECRETARY, CHINNAKANAL GRAMA PANCHAYAT. EXT.P6:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A2-1157/03 DT. 2.8.03 ISSUED TO THE 8TH PETITIONER BY THE SECRETARY, CHINNAKANAL GRAMA PANCHAYAT. E.XT.P7:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A2-1171/03 DT. 5.8.03 ISSUED TO THE 12TH PETITIONER BY THE SECRETARY, CHINNAKANAL GRAMA PANCHAYAT. EXT.P8:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A2-1163/03 DT. 2.8.03 ISSUED TO THE 14TH PETITIONER BY THE SECRETARY, CHINNAKANAL GRAMA PANCHAYAT. EXT.P9:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A2-1312/03 DT. 29.8.03 ISSUED TO THE 16TH PETITIONER BY THE SECRETARY, CHINNAKANAL GRAMA PANCHAYAT. EXT.P10:- COPY OF THE ORDER NO.40728/L 1784/RDO DT. 13.7.84 PASSED BY THE IST RESPONDENT. EXT.P11:- COPY OF THE LETTER NO.JSP.1529/95 DT. 18.12.95 OF THE 2ND RESPONDENT. EXT.P12:- COPY OF THE ELECTORAL CARD (BOOK NO.9873 SERIAL NO.II) DT. 14.7.90 ISSUED TO THE 3RD PETITIONER. EXT.P13:- COPY OF THE REPORT APPEARD IN THE MALAYALA MANORAMA DAILY DT. 19.1.1992. EXT.P14:- COPY OF THE PETITION DT. 7.8.03 SUBMITTED BY THE PETITIONERS BEFORE THE HONOURABLE MINISTER FOR REVENUE, ALONG WITH THE ENDORSEMENT NO.1675/VII/03/M/R&L DT. 13.8.2003 OF THE HONOURABLE MINISTER. EXT.P15:- COPY OF THE PETITION DT. 12.8.03 SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT ALONG WITH THE DIRECTION NO.B1/256/99/N.DIS DT. 12.8.2003 ISSUE BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P16:- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFEDTED BY THE IST PETITIONER. W.P.(C) NO.32085/2003 EXT.P16(a):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 2ND PETITIONER. EXT.P16(b):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 3RD PETITIONER. EXT.P16(c):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 4TH PETITIONER. EXT.P16(d):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 6TH PETITIONER. EXT.P16(e):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 7TH PETITIONER. EXT.P16(f):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 8TH PETITIONER. EXT.P16(g):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 9TH PETITIONER. EXT.P16(h):- COPY OF THE SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 11TH PETITIONER EXT.P16(i):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 13TH PETITIONER. EXT.P16(j):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 15TH PETITIONER EXT.P16(k):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 16TH PETITIONER. EXT.P16(l):- COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE IMPROVEMENTS EFFECTED BY THE 17TH PETITIONER. True copy P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) Nos. 32085 & 40459 OF 2003 ----------------------------------------------- Dated this the 11th day of January, 2008. J U D G M E N T These writ petitions are filed with the following prayers: i) To call for the records relating to Exts.P1 to P16 and to issue a writ of mandamus commanding the respondents not to evict the petitioners from their respective holding as is evidenced by the various documents including Residential Certificate, Voters List, Ration Card etc. ii) To issue a writ of mandamus commanding the first respondent to give compensation instead of restoring land to the legal heirs of late K.S.Chittur and not to evict the petitioners from the property occupied by them and in the alternate to provide alternate accommodation and sufficient extent of land as is held by them and to pay compensation for the improvements effected by the petitioners in the event of their eviction. iii) To issue writ of mandamus commanding respondents 1 and 2 to assign the property held by the petitioners and also to order enquiry to identify the property originally taken over from K.S.Chittur. iv) To call for the records relating to Exts. P1 to P8 and to issue a writ of mandamus commanding the respondents not to evict the petitioners from their respective holding as is evidenced by the various documents including Residential Certificate, Voters List, Ration Card etc. Learned counsel for the petitioners prays for an opportunity before the Government since it is submitted that the petitioners have already approached the Government by way of various representations and some of which are produced as Exhibits P14 and P15. W.P.(C) 32085 & 40459/03 2 2. There will be a direction to the first respondent to look into Exhibits P14 and P15 and other representations submitted by the petitioners in both cases with notice to them and pass appropriate orders in accordance with law within a period of four months from the date of receipt of a copy of this judgment. The status quo with regard to the possession shall continue till such time. These writ petitions are disposed of as above. KURIAN JOSEPH, JUDGE. smp