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SMT.MALLIKA THAMPURAN versus THE COCHIN DEVASWOM BOARD

High Court of Kerala

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SMT.MALLIKA THAMPURAN v. THE COCHIN DEVASWOM BOARD - WP(C) No. 32445 of 2006(K) [2007] RD-KL 10818 (20 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32445 of 2006(K)

1. SMT.MALLIKA THAMPURAN,
... Petitioner

Vs

1. THE COCHIN DEVASWOM BOARD,
... Respondent

2. THRIPUNITHURA MUNICIPALITY REPRESENTED

3. THE LAND REVENUE COMMISSIONER,

4. THE DISTRICT COLLECTOR, ERNAKULAM.

5. THE RE-SURVEY SUPERINTENDENT,

6. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.S.GOPAKUMARAN NAIR

For Respondent :SRI.V.M.KURIAN

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :20/06/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)No. 32445 OF 2006

Dated this the 20th day of June, 2007



J U D G M E N T

Petitioner seeks correction of revenue records in respect of her properties, in so far as in the revenue records, property allegedly belonged to the petitioner has been described as puramboke land. In the Writ Petition, the petitioner seeks the following reliefs:

"to issue a writ of mandamus directing the 3rd, 4th and 5th respondents to carry out necessary correction in the land revenue records in respect of 27 cents in Sy Nos.936/4 and 937, deleting the entry puramboke and substituting the same with that of the petitioner's late husband, Sri. Girija Vallabha Menon, the rightful owner of the property. to issue a declaration that the 27 cents of property comprised in Sy Nos.936/4 and 937 of the Nadama Village in the Kanayannur Taluk belongs to Sri. Girija Vallabha Menon, late husband of the petitioner; and to issue a writ of prohibition or any other order or direction directing the 1st respondent not to construct any building or commit any waste in the petitioner's property of 27 cents comprised in Sy. No.936/1 and 937 of the Nadama Village in Kanayannur Taluk." W.P.(C)No. 32445 OF 2006 2

2. Learned Counsel for the 1st respondent would submit that the land belongs to the Devaswom and not the petitioner. In the above circumstances, it is evident that there is a genuine dispute regarding title to the property in question. Without resolving that dispute, the revenue records cannot be corrected. That being so, the remedy of the petitioner lies in getting her title declared in a suit or other proceedings, in accordance with law, where the petitioner and respondents can adduce evidence in support of their respective claim for title. Therefore, without prejudice to the right of the petitioner to seek such remedies, this Writ Petition is dismissed.

S.SIRI JAGAN, JUDGE

ma W.P.(C)No. 32445 OF 2006 3


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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