IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9053 of 2007(C)
1. RAMESH BABU, S/O P.K.RAMAN,
... Petitioner
2. RASHMI P.R., D/O P.K.RAMAN, DO. DO.
3. REMA P.R., D/O P.K.RAMAN, DO. DO.
4. REMYA P.R., D/O P.K.RAMAN, DO. DO.
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE CIRCLE INSPECTOR OF POLICE,
4. THE VAIKOM MUNICIPALITY, REPRESENTED BY
For Petitioner :SRI.T.S.JOHN
For Respondent :SRI.K.REGHU KOTTAPPURAM
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/10/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 9053 OF 2007 (C)
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Dated this the 7th day of October, 2009
J U D G M E N T
On the strength of Ext.P1 patta issued in favour of
Sri.P.K.Raman, whose legal representatives are the petitioners,
they claim title over 7.5 cents of land in Sy.No.197/1 of Vaikom
Village, Vaikom Taluk. It is stated that adjacent to their land,
Municipality owns 6.8 cents of land. The apprehension of the
petitioners is that the Municipality is proposing to fill up not only
the land over which it has title, but also will tresspass into the
aforesaid 7.5 cents belonging to them and will fill up their land as
well. On this basis, the prayer sought is to direct the Municipality
not to fill up 7.5 cents of wet land belonging to the petitioners,
covered by Ext.P1 patta.
2. Despite service of notice, there is no counter affidavit
filed by the Municipality.
3. Ext.P1 is the patta on the strength of which petitioners
are claiming title over 7.5 cents mentioned above. So long as the
petitioners hold title over the land, the Municipality or anybody
else for that matter, cannot tresspass into their land and carry out
WPC 9053/07
:2 :
any activity. Therefore, even if Municipality wants to have any
developmental work, that should be confined to the land over
which it has title.
Therefore, the writ petition is disposed of directing that the
Municipality shall not fill up any portion of the land over which it
does not have title.
ANTONY DOMINIC, JUDGE
Rp