IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9690 of 2009(E) ------------------------- PETITIONER(S): --------------- SMT. UMMU SALMAL, AGED 72 YEARS, D/O.POTHKKANI, KISHAKKE VEDU PETTAH,PATHANAMTHITTA BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA, REP. BY ITS SECRETARY. 2. THE SECRETARY PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA. 3. THE SPECIAL TAHSILDAR(L.A), PATHANAMTHITTA. 4. THE TAHSILDAR, PATHANAMTHITTA. 5. THE TALUK SURVEYOR, KOZHENCHERRY. 6. THE VILLAGE OFFICER, PATHANAMTHITTA. GOVT. PLEADER SMT. K.R. DEEPA ADV. SRI. V.K. SUNIL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 9690 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 26th March, 2009. J U D G M E N T The petitioner has filed this writ petition alleging that in the guise of taking possession of certain properties acquired on behalf of the 1st respondent, the Municipality has encroached into petitioner's property. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of mandamus or any other writ, order or direction directing the respondents 1 and 2 to not to interfere with the petitioner's peaceful possession and enjoyment of property situated in Survey No. 259/1-5 of Pathanamthitta Village and not to trespass into the same and commit acts of waste therein and (ii) To declare that respondents 1 and 2 have no manner or of right whatsoever over the petitioner's property situated in Survey No. 259/1-5 of Pathanamthitta Village and (iii) Issue a writ of mandamus or any other writ, order or direction directing the respondents 1 and 2 to pay compensation of Rs.50,000/- to the petitioner for the loss sustained by her due to their illegal action.” 2. Standing counsel for the Municipality submits that the Municipality has not encroached into the petitioner's property but they have only taken possession of the property which has been acquired and handed over to the Municipality by the land acquisition authority. This is a dispute regarding the title to the property, which cannot be resolved in a writ petition. The remedy of the petitioner W.P.C. No. 9690/2009. -: 2 :- lies in filing an appropriate suit for the reliefs prayed for. Therefore, without prejudice to the right of the petitioner to seek remedies in a suit, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.