High Court Kerala High Court

Ramesh Babu vs State Of Kerala on 7 October, 2009

Kerala High Court
Ramesh Babu vs State Of Kerala on 7 October, 2009
       

  

  

 
 
  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.
                     ================
                 W.P.(C) NO. 9053 OF 2007 (C)
                =====================

            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