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2009 Supreme(Online)(KER) 45172

HIGH COURT OF KERALA
HARUN-UL-RASHID, J
PORKULAM PANCHAYATH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ADV. SRI.JIJO PAUL for the Appellant, SRI.SHYSON P.MANGUZHA for R1 to R3, SRI.DEEPU THANKAN for R4, SRI.SANTHOSH MATHEW for R5, R6, R7, SRI.SATHISH NINAN for R6, SRI.MATHEW JOHN (K) for R8, SRI.SUJESH MENON V.B. for R8, SRI.SATHISH NINAN for ADDL.R10 TO 12, SRI.SANTHOSH MATHEW for ADDL.R10 TO 12

JUDGMENT

The issue involved in this case is a dispute between the two Panchayats raising rival claims for an extent of 5.87 acres of land in Sy.Nos.110 and 111/2 of Karikkad Village. This property was originally situated in the petitioner Panchayat. Subsequently there is a bifurcation in the year 1961 by which the Kadavallur Panchayat was formed. The property in dispute is now situated within the territorial limits of Kadavallur Panchayat. It is not disputed that the said property was acquired by the erstwhile Cochin Government for a cattle ground for the petitioner Panchayat in the year 1113 M.E. and the property was in the ownership and enjoyment of the petitioner Panchayat. The prayer in the writ petition is to quash Ext.P18 order and to declare that the said property belonged to the petitioner Panchayat.

2. When the dispute came up for consideration before this Court in an earlier writ petition, this Court directed the Government by its order dated 4.2.2002 in O.P.No.28383 of 2001 to examine the dispute between the two Panchayats in exercise of its powers under Section 282 of the Kerala Panchayat Raj Act. Accordingly the Government examined the matter and after hearing both side

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