High Court Kerala High Court

M.K.Suguna vs The District Collector on 30 October, 2007

Kerala High Court
M.K.Suguna vs The District Collector on 30 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27575 of 2007(G)


1. M.K.SUGUNA, AGED 50 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, CIVIL STATION,
                       ...       Respondent

2. GOVERNMENT OF KERALA,

3. THE PALAKKAD LAND TRIBUNAL.

4. (KALADHARAN), TAHSILDAR,

5. GIRIJA MARY, THE VILLAGE OFFICER,

6. RAMACHANDRAN, DISTRICT REGISTRAR,

7. P.BALACHANDRAN, SUB REGISTRAR, CHITTUR,

8. VICTOR, SUB REGISTRAR, KOZHINJAMPARA,

9. R.I P.S.JOHNES, THE CHITTUR MUNICIPALITY

10. MOHAN, ASSISTANT ENGINEER,

11. ASHOK KUMAR, DEPUTY COLLECTOR,

12. SELVARAJ, SPECIAL TAHSILDAR,

13. RAMAKRISHNAN (ABKARI) AT PANNIPERUNTHALA

14. SELVARAJ (SALES TAX OFFICER) TELUGU

15. COUNCILLOR KRISHNASWAMY FOR III RD

                For Petitioner  :SRI.M.K.SUGUNA (PARTY-IN-PERSON)

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/10/2007

 O R D E R
                  ANTONY DOMINIC, J.
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              W.P.(C) No. 27575 OF 2007 G
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           Dated this the 30th October, 2007

                    J U D G M E N T

The prayer in this writ petition is to direct the

1st and 2nd respondents to issue copy of Patta No.

1367/75, copy of O.A.No. 50/79, 1665/76 and Non-

Encumbrance Certificate. Petitioner claims ownership

of certain properties and asserting her rights over the

said properties and also a building, she had made

complaints to various authorities including the

President of India and the Chief Minister of the State,

which were forwarded to the District Collector,

Palakkad who issued Ext. P23. By this letter

petitioner was informed that as she did not produce any

document in support of her claims in the enquiry held

by the Collector, she could take recourse to

proceedings before a civil court for establishing her

right. It is on receipt of this communication that

this writ petition was filed with the prayers mentioned

above.

2. When the petitioner appeared in this Court as

party in person, this Court directed the 1st respondent

WPC No.27575/07 -2-

District Collector to file a statement and accordingly

a statement on his behalf was filed by the learned

Govt. Pleader and a copy thereof was served on the

petitioner on 5-10-2007.

3. In so far as patta No. 1367/75 claimed by the

petitioner is concerned, it is averred in the statement

filed on behalf of the 1st respondent that though she

had applied for the patta, on verification of the

records in connection with SM No. 1367/75, it was found

that this pertains to one Kadukunny Nair Manjalloor

P.O. and also Kolothu Parambil Kunjayamma, Amayoor

P.O., Pattambi. The 1st respondent would state that the

properties in these cases did not belong to the

petitioner or her predecessors and the petitioner was

totally unconnected with these cases. Petitioner has

not produced any document in this proceedings to prove

that she has any connection with the cases referred to

above or that she is entitled to the properties which

are the subject matter of these proceedings. If that

be so, on the material available, it is not possible

for this Court to find the statement to be incorrect

for any reason.

4. In so far as copy of O.A. 50/79 and 1665/76,

WPC No.27575/07 -3-

are concerned, going by the writ petition these pertain

to the properties claimed by the petitioner in various

survey numbers in Oahalapally Village, Velanthavalam

P.O., Palakkad District. It is stated by the 1st

respondent that the Tahsildar, Chittur after an enquiry

had reported that the lands involved have already been

disposed to various persons by Shri. Rengaswamy

Chettiar and Smt. Krishnammal, the parents of the

petitioner, as per document Nos. 1084/85, 1085/85,

1086/85 and 1087/85 of the office of the Sub Registrar,

Chittur. It is also stated that another extent of 12

cents of land in survey No. 1029/3 was also disposed of

by her parents and that as the mutation has not been

carried out, the names of the previous owners continue

to be denoted in the revenue records and it is on that

basis the claim has been raised.

5. In so far as this prayer of the petitioner is

concerned also, with the available materials, this

Court will not be justified in granting the relief.

While the petitioner claims ownership over the

properties in question the respondents would state that

the properties have already been disposed of, that it

is only on the basis that revenue records denoted the

WPC No.27575/07 -4-

name of her parents that she is staking a claim in

respect of the properties. Thus, according to the

respondents, the land does not belong to the

petitioner. Petitioner has not produced any document to

accept her claim to the contrary. In any case, what

arises is essentially a dispute of title in respect of

an immovable property. For establishing the right,

parties are required to produce title deeds, adduce

evidence and prove their case. This cannot be done in

proceedings under Article 226 of the Constitution.

6. It was irrespective of all these that following

receipt of the representations made by the petitioner

to various authorities that the 1st respondent had

conducted an enquiry into the complaints of the

petitioner. On that occasion also petitioner could not

produce documents to sustain her claim. Though she has

made several allegations I have no reason to think that

the District Collector has any reason to not impartial

or, to be prejudicial to the case of the petitioner, if

she has a genuine grievance. On the materials

available I cannot say that the District Collector has

exercised his powers in an arbitrary manner. In my

view, in view of the failure of the petitioner to

WPC No.27575/07 -5-

sustain her claim by producing documents the District

Collector could only do what he has done in Ext.P23.

7. Be that as it may, even now if the petitioner

has documents to sustain her claim, the 1st respondent

shall examine the same and pass orders to redress her

grievances. However, the burden of establishing here

case will be entirely on the petitioner and it is not

for the authorities to search for her title and prove

her case.

8. I do not find any justification for granting

the relief sought for by the petitioner. But, however,

I clarify that if the petitioner is able to sustain her

claim by producing documentary evidence, she may still

approach the 1st respondent in which event the 1st

respondent will consider her case and pass orders to

remedy her grievances.

9. Writ petition is disposed of as above.

Since the petitioner appeared in person, the

Registry will forward a copy of this judgment in her

address in the writ petition.

ANTONY DOMINIC
JUDGE
jan/-