Petitioner claims to be the possession of 10.575 cents of property situated in Survey No.155/2 of Kannan Devan Hills Village vide Patta No.8348 issued as per the proceedings in LA7/77. It is submitted that patta was issued in the name of the grand father of the petitioner. Ext.P2 is the title deed relied by the petitioner. The petitioner approached this Court seeking for a direction to the respondents not to dispossess the petitioner from the possession of the above property. Petitioner submits that this property is not vested with the Government in terms of Section 3 as this property is situated with a building. Section 3 of the Kannan Devan Hills (Resumption of Lands) Act, 1971 refers to vesting of possession of certain land. However it exempt certain categories of property including buildings along with the appurtenant land required for convenient enjoyment of the property other than building belong to trespassers. Therefore, if the petitioner’s property is not vested with the W.P.(C).No.18510 of 2012 2 Government, no action can be initiated against the petitioner. I am of the view that these are the matters to be examined by the Revenue Divisional Officer, Devikulam with reference to Section 3 and other provisions of the above Act. Therefore the petitioner shall approach the Revenue Divisional Officer (Settlement Officer) within four weeks from the date of receipt of a copy of this judgment. The revenue Divisional Officer shall consider the petitioner’s claim and pass appropriate orders on Ext.P2 within a period of four months. Till then status quo shall be maintained.
Writ petition is disposed of.
jm/ Sd/ A.MUHAMED MUSTAQUE, JUDGE