IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 1149 of 2004(J) ----------------------------------- PETITIONER: ------------------- PORKULAM GRAMA PANCHYATH, PORKULAM P.O., THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY,LOCAL ADMINISTRATION DEPT. GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR DISTRICT, COLLECTORATE, AYYANTHOLE, THRISSUR-3. 3. THE DIRECTOR OF PANCHAYATH, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. KADAVALLUR GRAMA PANCHAYATH, P.O. KARIKKAD, THRISSUR DISTRICT, REPRESENTED BY SECRETARY. 5. ABDUL HAKKIM K.T., S/O.MUHAMMED KUTTY, SHABANS SAW MILL, PAZHANJI ROAD, P.O. KARIKKAD, THRISSUR DISTRICT. 6. MOIDUNNY, S/O. MUHAMMED NUNAYIL, AKKIKKAVU, P.O. KARIKKAD, THRISSUR DIST. 7. A.C.FATHIMA, W/O. LATE M.A.MUHAMMED, MEKKANADATH (PALLIKKARA), P.O. KARIKKAD, THRISSUR DISTRICT. 8. C.P.MOIDUNNYKUTTY, S/O. AYYUTTY, CHEERAMPARAMBIL, P.O. AKKIKKAVU, KUNNAMKULAM, THRISSUR DISTRICT. 9. THE DISTRICT SUPERINTENDENT OF POLICE, COLLECTORATE, AYYANTHOLE, THRISSUR. ADDL.10. SHAJINA.T.M., W/O.MOIDUNNY.N.M, NADUVILPATTU HOUSE, P.O.KARIKKAD, PIN-680 519, THRISSUR DISTRICT. W.P.(C) NO.1149 OF 2004 - 2 - 11. HYDROSKUTTY.K.M., S/O.MUHAMMED, KARAPPAM VEETTIL HOUSE, P.O.KARIKKAD, PIN-680 519, THRISSUR DISTRICT. 12. RUKKIYA.C.A., W/O.LATE ABOOBACKER, PLAKKAL MARAYANKATTU HOUSE, P.O.KARIKKAD, PIN-680 519, THRISSUR DISTRICT. (ADDL.RESPONDENTS 10 TO 12 ARE IMPLEADED AS PER ORDER DATED 28.2.2005 IN I.A.NO.3365 OF 2005) R1 TO R3 BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA SRI.DEEPU THANKAN FOR R4 SRI.SANTHOSH MATHEW FOR R5,R6,R7 SRI.SATHISH NINAN FOR R6 SRI.MATHEW JOHN (K) FOR R8 SRI.SUJESH MENON V.B. FOR R8 SRI.SATHISH NINAN FOR ADDL.R10 TO 12 SRI.SANTHOSH MATHEW FOR ADDL.R10 TO 12 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1149 OF 2004-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF LETTER DATED 12.6.1113 M.E. WRITTEN BY DIRECTOR OF HEALTH AND PANCHAYATS OF THE THEN COCHIN STATE TO THE DIWAN PESHKAR EXT.P2 TRUE COPY OF RECEIPT DATED 10.09.1113 M.E. ISSUED BY THE THEN PRESIDENT OF PORKULAM PANCHAYATH EXT.P3 TRUE COPY OF LETTER DATED 11.09.1113 M.E. WRITTEN BY THE THEN PRESIDENT OF PORKULAM PANCHAYAT TO THE DIRECTOR OF HEALTH AND PANCHAYATS OF THE THEN COCHIN STATE EXT.P4 TRUE COPY OF RESOLUTION DATED 23.7.1963 TAKEN BY THE PETITIONER PANCHAYAT EXT.P5 TRUE COPY OF THE RESOLUTION DATED 30.09.1963 TAKEN BY THE PETITIONER PANCHAYAT EXT.P6 TRUE COPY OF RESOLUTION DATED 30.09.1963 TAKEN BY PETITIONER PANCHAYAT EXT.P7 TRUE COPY OF RESOLUTION DATED 26.10.1963 TAKEN BY THE PETITIONER PANCHAYAT EXT.P8 TRUE COPY OF RESOLUTION DATED 7.11.1963 TAKEN BY THE PETITIONER PANCHAYAT EXT.P9 TRUE COPY OF THE JUDGMENT DATED 20.1.1981 IN S.A.405/1976 PASSED BY THIS HONOURABLE COURT EXT.P10 TRUE COPY OF THE ORDER DATED 27.2.1999 PASSED BY THE MUNSIFF COURT, CHOWGHAT IN E.A.231/1994 IN E.P.230/1991 IN O.S.327/1964 CONFIRMED IN S.A.405/1976 EXT.P11 TRUE COPY OF THE ORDER DATED 27.2.1999 PASSED BY THE MUNSIFF COURT CHOWGHAT IN E.P.230/1991 IN O.S.327/1964 CONFIRMED IN S.A.405/1976 EXT.P12 TRUE COPY OF PLAN PREPARED BY TALUK SURVEYOR EXT.P13 TRUE COPY OF THE ORDER DATED 9.10.2000 PASSED BY THE MUNSIFF COURT, CHOWGHAT IN E.P.230/1991 IN O.S.327/1964 CONFIRMED IN S.A.405/1976 EXT.P14 TRUE COPY OF DELIVERY RECEIPT DATED 5.12.2000 EXT.P15 TRUE COPY OF PETITION IN E.A. DATED 17.8.2001 FILED BEFORE THE MUNSIFF COURT, CHOWGHAT EXT.P16 TRUE COPY OF NOTICE DATED 19.7.2001 SUBMITTED BY THE PETITIONER PANCHAYAT TO THE 1ST RESPONDENT EXT.P17 TRUE COPY OF NOTES DATED 1.10.2001 SUBMITTED BY THE PETITIONER PANCHAYAT TO THE 1ST RESPONDENT EXT.P18 TRUE COPY OF ORDER DATED 30.10.2003 PASSED BY THE 1ST RESPONDENT RESPONDENTS' EXHIBITS: EXT.R4(A) TRUE COPY OF THE SKETCH OF THE 4TH RESPONDENT W.P.(C) NO.1149 OF 2004-J - 2 - EXT.R4(B) TRUE COPY OF THE LETTER DATED 9.4.20201 EXT.R4(C) TRUE COPY OF THE VOTERS LIST OF WARD NO.XII FOR THE YEAR 2000 EXT.R4(D) TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER PANCHAYAT DATED 19.7.2001 EXT.R4(E) TRUE COPY OF THE JUDGMENT DATED 4.2.2002 EXT.R4(F) TRUE COPY OF THE LETTER DATED 14.12.1995 EXT.R4(G) TRUE COPY OF THE RESOLUTION OF THE PANCHAYAT DATED 1.9.1995 EXT.R4(H) TRUE COPY OF THE LETTER ISSUED BY THE PRESIDENT OF THE PANCHAYAT TO DISTRICT COUNCILLOR DATED 13.1.2004 / TRUE COPY / HARUN-UL-RASHID, J. ------------------------------------------- W.P.(C) No.1149 of 2004 ------------------------------------------ Dated, this the 22nd day of January, 2009 JUDGMENT The issue involved in this case is a dispute between the two Panchayats raising rival claims for an extent of 5.87 acres of land in Sy.Nos.110 and 111/2 of Karikkad Village. This property was originally situated in the petitioner Panchayat. Subsequently there is a bifurcation in the year 1961 by which the Kadavallur Panchayat was formed. The property in dispute is now situated within the territorial limits of Kadavallur Panchayat. It is not disputed that the said property was acquired by the erstwhile Cochin Government for a cattle ground for the petitioner Panchayat in the year 1113 M.E. and the property was in the ownership and enjoyment of the petitioner Panchayat. The prayer in the writ petition is to quash Ext.P18 order and to declare that the said property belonged to the petitioner Panchayat. 2. When the dispute came up for consideration before this Court in an earlier writ petition, this Court directed the Government by its order dated 4.2.2002 in O.P.No.28383 of 2001 to examine the dispute between the two Panchayats in exercise of its W.P.(C) NO.1149 of 2004 2 powers under Section 282 of the Kerala Panchayat Raj Act. Accordingly the Government examined the matter and after hearing both sides, the Government rightly held that though the property was acquired by the petitioner Panchayat, subsequently by the bifurcation of the Panchayat into two and on bifurcation since the property is situated within the territorial limits of the newly constituted Kadavallur Panchayat, there is no scope and there is no merit in the contention of the petitioner Panchayat that the property still vests with them. 3. I have examined Ext.P18 order passed by the Government and I find that the order was passed after examining all factual and legal aspects. There is no illegality or impropriety in passing the said order. Therefore, the writ petition challenging Ext.P18 order does not merit consideration. Writ petition is dismissed. HARUN-UL-RASHID (JUDGE) vns