IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH SUNDAY, THE 20TH DAY OF JULY 2014/29TH ASHADHA, 1936 WP(C).No. 13902 of 2014 (K) ---------------------------- PETITIONER(S): ---------------- 1. SATHYA THAMPURAN, AGED 66 YEARS W/O. C.J.RAJENDRA VARMA, LAKSHMITHOPPU PALACE WEST THRIPPUNITHURA, ERNAKULAM. 2. R.V.RAGHUNANDAN D 1004, TOWER 1 ADARSH PALM RETREAT, OUTER RING ROAD DEVARABISANAHHALLI, BANGALORE-560 103. 3. GANGADEVI THAMPURAN POORNASREE, CHURAVALLIL ILLOM, KUMANNUR P.O. KIDANGUR, KOTTAYAM. BY ADVS.SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): ------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT COLLECTOR ERNAKULAM-682 030. 3. CORPORATION OF KOCHI KOCHI, ERNAKULAM, REPRESENTED BY ITS SECRETARY CORPORATION OF KOCHI, ERNAKULAM-682 018. R3 BY ADV. SRI.RAAJESH S.SUBRAHMANIAN,SC,COCHIN CORPORATION R BY SRI. P.K. SOYUZ R BY SR.GOVERNMENT PLEADER SRI.THOMAS JOHN AMBOOKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13902 of 2014 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1 : COPY OF THE THANDAPER ACCOUNT OF PROPERTY UNDER PARTITION DEED NO.608/1955 OF THRIPPUNITHURA SRO, OBTAINED BY PETITIONERS IN FEBRUARY 2014. P2 : COPY OF THE COMMUNICATION ISSUED BY MUNICIPAL COMMISSIONER, ERNAKULAM, DTD.26.8.1959. P3 : COPY OF THE REPRESENTATION DTD.5.2.1985. P4 : COPY OF THE LETTER ADDRESSED TO CHAIRMAN OF THE WORKS STANDING COMMITTEE OF THE 3RD RESPONDENT DTD.25.1.1990. P5 : COPY OF THE LETTER OF THE 2ND RESPONDENT TO THE RDO, FORT KOCHI, DTD.22.5.1990. P6 : COPY OF THE SKETCH. P7 : COPY OF THE COMMUNICATION OF RDO FORT KOCHI TO THE TAHSILDAR, DTD.21.6.1990. P8 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP NO.190/1995 DTD.9.6.1997. P9 : COPY OF COMMUNICATION SENT BY THE TOWN PLANNING OFFICER OF 3RD RESPONDENT IN THE MONTH OF MAY 1994. RESPONDENT(S)' EXHIBITS : NIL. ----------------------------- //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J. --------------------- W.P (C) No.13902 of 2014 --------------------- Dated this the 20th day of July, 2015 J U D G M E N T The Government Pleader on instructions submits that no proceedings under the Land Acquisition Act, 1894 were ever initiated. Neither was any notification issued nor was Award passed under the Act concededly. Ext.P5 letter by the third respondent Corporation also reiterates the position. 2. The fact however remains that about 20 cents of land belonging to the petitioner was allegedly trespassed upon. The said land was utilised for the third respondent to form a road. The third respondent states that no records are available in the office to discern the extent of alleged encroachment. 3. The remedy if any of the petitioner is to move the Civil Court. The petitioner can either file a suit for recovery of possession or claim damages. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.