IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 OP.No. 28533 of 2000(V) ----------------------- PETITIONER: ------------ KULATHOOR GRAMA PANCHAYATH REP. BY ITS SECRETARY, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJASEKHARAN NAYAR SMT.S.LETHIKA DEVI SMT.K.N.RAJANI RESPONDENTS: ------------- 1. LOPEZ, LOPEZ VILLA, MAVILAKADAVU, VENKADAMBU, KULATHOOR, UCHIKADA P.O., THIRUVANANTHAPURAM. 2. SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF SURVEY, DIRECTORATE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. THULASEEDHARAN PILLAI, ASSISTANT DIRECTOR OF SURVEY, RE-SURVEY OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM. 5. KAMALAM NADAR, DEPUTY DIRECTOR OF SURVEY, COLLECTORATE, KASARAGODE. 6. A. GOPALAKRISHNAN NAIR, SUPERINTENDENT, ALC NO.2, NEYYATINKARA, THIRUVANANTHAPURAM. 7. UPA LOK AYUKTHA REP. BY CHIRMAN, LEGISLATIVE ASSEMBLY COMPLEX, THIRUVANANTHAPURAM. BY ADV. SRI.S.JAMES VINCENT SRI.R.GOPAN BY G.P.SRI.SANDESH RAJA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.47933 OF 2000 IN OP.NO.28533 OF 2000 DISMISSED 6.2.2008 SD/= P.N. RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF ORDER A1.5/99 DTD 28.10.99 OF R6. EXT.P2 COPY OF ORDER IN COMPLAINT NO.104/2000 OF KERALA LOK AYUKTA DTD 7.7.2000. EXT.P3 COPY OF ORDER OF R6 NO.A1.5/99 DTD 25.4.2000. RESPONDENTS' EXHIBITS: EXT.R1(A) COPY OF LAND REVENUE RECEIPT NO.32 IN BOOKNO.1470 DTD 24.3.1998 ISSUED BY THE VILLAGE OFFICER, KULATHOOR. EXT.R1(B) COPY OF LAND REVENUE RECEIPT NO.30 IN BOOK NO.317 DTD 1.6.99 ISSUED BY THE VILLAGE OFICER, KULATHOOR. EXT.R1(C) COPY OF COMPLAINT NO.104/2000 OF THE LOK AYUKTA. EXT.R1(D) COPY OF THE COMPLAINT SUBMITTED BY 15 PERSONS TO THE REVENUE DIVISIONAL OFFICER, TRIVANDRUM ON 19.2.1998. EXT.R1(E) COPY OF LETTER NO.G.6332/98/L.DIS DTD 11.7.98 ISSUED BY THE REVENUE DIVISIONAL OFFICER, TRIVANDRUM. EXT.R1(F) COPY OF ORDER NO.6332/98/G DTD 8.5.98 ISSUED BY THE REVENUE DIVISIONAL OFFICER. EXT.R1(G) COPY OF LETTER NO.D12-677/99 DTD 30.6.99 ADDRESSED BY THE ASSISTANT DIRECTOR OF SURVEY TO THE DIRECTOR OF SURVEY. EXT.R1(H) COPY OF THE STATEMENT SUBMITTED ON 8.9.99 BY THE SECRETARY OF THE PANCHAYAT BEFORE THE ASSITANT DIRECTOR OF SURVEY, NEYYATTINKARA. EXT.R1(I) COPY OF PROCEEDINGS NO.A1-54/99 DTD 28.10.99 ISSUED BY R5. EXT.R1(J) COPY OF NOTICE DTD 12.4.2000 ISSUED BY THE SUPERINTENDENT OF SURVEY, NEYYATTINKARA. EXT.R1(K) COPY OF THE OBJECTIONS FILED BY THE PETITINER PANCHAYAT BEFORE THE LOK AYUKTA ON 31.5.2000. /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.28533 OF 2000-V -------------------------------------------------------------- Dated this the 6th day of February, 2008. JUDGMENT The petitioner, a local authority represented by its Secretary, was the additional 6th respondent in Complaint No.104 of 2000 on the files of the Kerala Lok Ayukta. The petitioner challenges Ext.P2 order dated 7.7.2000 passed by the Upa Lok Ayukta, Ext.P3 proceedings of the Superintendent of Survey and Land Records and Ext.P10 and P12 referred to in Ext.P2. 2. The proceedings before the Upa Lok Ayukta arose out of a complaint filed by the 1st respondent herein. The 1st respondent was the owner of 29.01 Ares of land situated in Survey No.495/1 of Kulathoor Village in Neyyattinkara Taluk of Trivandrum District, lying on the eastern side of the Neyyar river. Some time during 1978, the Neyyar river changed its course and submerged the 1st petitioner's lands. When the river changed its course, the petitioner lost almost 20 Ares of land leaving approximately 9.20 Ares of land in his possession. After the State Government restored the river to its original path, 12.80 Ares of land was restored to the 1st OP.NO.28533/2000 . 2 respondent after survey and demarcation. The 1st respondent along with others who were affected by the change in the course of the river had submitted a complaint before the Revenue Divisional Officer who directed them to approach the Survey authorities. Pursuant to the direction issued by the Revenue Divisional Officer, the Superintendent of Survey and Land Records, Neyyattinkara considered the grievances of the 1st respondent and others and after re-survey of the lands restored possession of the lands to the affected parties. Later, the petitioner Panchayat, raised a dispute that it was entitled to a portion of the land restored to the 1st respondent. 3. The 1st respondent thereupon moved the Kerala Lok Ayukta. During the course of the proceedings before the Lok Ayukta, the Upa Lok Ayukta passed an interim order on 29.3.2000 which reads as follows: “Notice to the respondents. It is the complainant's case that his land touching a river was lost as the river changed its direction. A portion of the property has been restored to him when the flow of the river was partly changed. The dispute is regarding this land. While the complainant claims that it is his property, the panchayat seems to stake claim as poramboke land. An order, Ext.P14 has been passed without OP.NO.28533/2000 . 3 hearing the complainant. The Survey Authorities have taken some part in assessing the situation. Eventually the 5th respondent passed an order, according to the complainant, without hearing him. It is also his case that the Panchayat has not given copy of their objection to him. These a re all matters which require serious consideration. Respondents will state the steps taken by hem in the above matters on or before 28.4.2000.” 4. During the pendency of the proceedings before the Upa Lok Ayukta, the survey authorities issued Ext.P10 and Ext.P12 proceedings surveying and demarcating the lands restored to the 1st respondent and others. The Upa Lok Ayukta after noticing that justice has been done to the persons who were affected when the Neyyar river changed its course, overruled the objection raised by the petitioner Panchayat on the ground that it did not own any portion of the lands in Survey No.495/1 of Kulathur village. The petitioner has in this original petition challenged Ext.P2 as an order passed without jurisdiction and Ext.P10 and Ext.P12 proceedings of the Superintendent of Survey and Land Records mentioned therein. 5. I heard Sri.M. Rajasekharan Nair, the learned counsel appearing for the petitioner and Sri.K. Sandesh Raja, the learned Government Pleader appearing for the official respondents. There is OP.NO.28533/2000 . 4 no material on record to show that the petitioner Panchayat was at any point of time in possession of any portion of the lands in Survey No.495/1. The petitioner Panchayat has not established that any land in Sy.No.495/1 was vested in it before the river changed its course. If that be so, the Panchayat can never be said to have lost its land when the Neyyar river changed its course. At the intervention of the State Government, a substantial portion of the lands that the 1st respondent and others lost was restored to them. A reading of Ext.P2 order passed by the Upa Lok Ayukta discloses that due to the timely intervention of the Upa Lok Ayukta, justice has been done to the 1st respondent and others. 6. On going through Ext.P2 and after hearing the learned counsel appearing on either side, I am satisfied that no grounds exit to set aside Ext.P2. For the reasons stated in Ext.P2 the challenge in Exts.P10 and P12 referred to therein must also fail. Further, the petitioner has not produced true copies of the said documents in this original petition. On that score also the challenge to Ext.P10 and Ext.P12 must fail. Since, I have held that challenge to Ext.P2 is without any merit, Ext.P3, cannot be assailed. For the reasons stated above, I hold that the original petition is without merit and OP.NO.28533/2000 . 5 is liable to be dismissed. I do so. However, in the circumstances of the case, I make no order as costs. P.N. RAVINDRAN, JUDGE. cl OP.NO.28533/2000 . 6 P.N. RAVINDRAN, J. O.P.NO.28533 OF 2000-V JUDGMENT 6th February, 2008.