IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4250 of 2008(E) ------------------------- CMA.11/2007 of PRINCIPAL SUB COURT,KOCHI OS.98/2007 of ADDL.MUNSIFF COURT,KOCHI .................... PETITIONER: ------------ C.J.GEORGE,S/O.LATE C.P.JOHN,AGED 76 YEARS, "CHAMMANAM"1/263 CHURCH STREET, FORT COCHIN, COCHIN-1. BY ADV. SRI.T.R.RAVI RESPONDENTS: ------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,ERNAKULAM. 2. THE TAHSILDAR,KOCHI TALUK, FORT COCHIN, COCHIN-1. BY GOVERNMENT PLEADER SRI. V.T.K.MOHANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.4250 OF 2008 ===================== Dated this the 5th day of February, 2008 JUDGMENT This writ petition is preferred against the order of the Sub Court, Kochi in C.M.A.No.11 of 2007, whereby it also confirmed the order of the Munsiff's Court, Kochi in I.A.No.245 of 2007 in O.S.No.98 of 2007. Though the suit was originally one for injunction, I am informed that amendment has been made so as to make it a declaratory suit on the basis of adverse possession and limitation against the Government. The Government have raised two valid contentions that there cannot be any perfection of right by adverse possession and secondly the suit is not maintainable in view of the provisions of the Land Conservancy Act. Learned counsel for the petitioner would submit before me that the provisions of the Land Conservancy Act may not apply to the facts of this case at all and therefore the observations of the court below regarding non-maintainability of the suit may not be held to be conclusive. 2. I heard the learned Government Pleader also. These are all matters where evidence has to be adduced for a proper determination. Therefore I WP(C) 4250/2008 -:2:- dispose of the writ petition with a direction to the trial court to dispose of the suit itself untrammelled by the observations or findings contained in its judgment or in the judgment of the Sub Court in the C.M.A. Both parties are at liberty to raise all contentions which they want in support of their respective pleadings. Writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-