JUDGMENT

The above writ petition is filed with following prayers:

“a) Call for the records leading up to Ext.P5 and issue a Writ of Certiorari or any other appropriate writ order or direction quashing ExtP5 order issued by the 4th respondent.

b) Issue a Writ of Mandamus or any other appropriate writ order or direction commanding the respondent's to return the 91 cents of land situated in survey no.598 and

597 of Peringavu village to the petitioner forthwith.

c) Declare that the respondent is entitled to return of 91 cents of land situated in survey no.598 and 597 of Peringavu village.

d) Issue a Writ of Mandamus or any other appropriate writ order or direction commanding the 4th respondent to favorably consider the Ext.P1 representation filed by the petitioner in the light of Ext.P2 letter issued by the 2nd respondent.

e) Grant such other relief deemed fit to this Hon'ble court.” (sic)

2. When this writ petition came up for consideration on

08.02.2022 this Court passed the following order:

“The case was heard for some time. It is seen that the fundamental issue is regarding the question whether properties in Sy.Nos.597 and 598 of Peringavu Village which are said to have been surrendered by the petitioner have been utilized by TUDA for the public purpose for which it was surrendered and if not, whether the said lands are available to be returned back to the petitioner. There are issues relating to the title which can be decided later. In order to get a clarity of the fact situation, the 4th respondent is directed to place on record a statement showing whether the lands in Sy.Nos.597 and 598 of Peringavu Village have been utilized and if so for what purpose. A sketch showing the lie of the said properties may also be made available. The statement shall be filed within three weeks.

Post on 07.03.2022.”

3. Based on the directions issued by this Court, the Tahsildar (LR), Thrissur submitted a report before this Court. It will be better to extract the report here:

“Kind attention is invited to the reference cited. Answer to the queries mentioned in the above Interim Order is submitted herewith.

1) According to the Basic Tax Register of Peringavu Village. Old Survey No. 597, 598/1 are recorded as "wet land" and Survey No. 598/2 is recorded as "thodu".

2) According to the Basic Tax Register. Survey No. 597, 598/1 is recorded as wet land in the name of Thandassery Raman Raman and Survey No. 598/2 is recorded as "Puramboke Chira". On verification of records a Patta numbered 25 is found issued to Thandassery Raman Raman by Government of Cochin in which Survey Nos. 597 & 598 /1 are included and tenure recorded as Pandaravaka Verumpattom.

3) The properties comprised in Survey Nos 597 & 598/1 covered by Document No. 2681/1120 were in absolute right of petitioner. A Patta numbered 25, is found issued to Thandassery Raman Raman who is ancestor of petitioner by Government of Cochin in which land in aforesaid survey numbers are included.

4). There is difference in the tenure of Survey Nos. 597, 598 & 135. Survey Nos. 597 & 598/1 is recorded as wet land in the name of Thandassery Raman Raman, Survey No. 598/2 as Puramboke Chira and Survey No. 135 is recorded as Puramboke Thodu in Basic Tax Register.” (sic)

4. It is discernible from the report of the Tahsildar (LR)

that the petitioner is the title holder of the property comprised in Sy. Nos. 597 and 598/1 covered by Document No.2681/11 of Peringavu Village. In the light of the same, there is nothing survives in this case.

Therefore, this writ petition is disposed of in the following manner:

1. There will be a direction to the respondents to return 91 cents of land situated in Sy.No.597 and 598/1 of Peringavu Village to the petitioner, forthwith.

2. If there is any further dispute regarding title, parties are free to approach the civil court.

sd/-

P.V.KUNHIKRISHNAN JUDGE das APPENDIX OF WP(C) 31148/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED

20.04.2017 ALONG WITH ENCLOSURES.

EXHIBIT P2 TRUE CO