Subramaniyan vs State Of Kerala
2023 Latest Caselaw 6317 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                          OP(C) NO. 1758 OF 2015
         AGAINST THE ORDER DATED 10-07-2015 IN I.A.NO.823/2015 IN
                  MTOP 19/2013 OF MUNNAR SPECIAL TRIBUNAL


PETITIONERS/PLAINTIFFS/PETITIONERS:

     1       SUBRAMANIYAN,
             S/O. MADAN @ SOOSAI,
             AGED 63 YEARS,
             PLOT NO.21, SENTHOORPETTY ROAD,
             PALAYAMKOTTAI, THIRUNELVELI,
             TAMILNADU REPRESENTED BY M.DURAI,
             8TH PETITIONER.
     2       SHANMUGAIAH, S/O. MADAN @ SOOSAI,
             AGED 61 YEARS,
             CHOOKKANADU, MUNNAR, KDH VILLAGE,
             DEVIKULAM TALUK, REPRESENTED BY M.DURAI,
             8TH PETITIONER.
     3       MADASAMY, S/O. MADAN @ SOOSAI,
             AGED 59 YEARS,
             NALAVASANKOTTAI, SANKARANKOVIL,
             THIRUNELVELI DISTRICT, TAMILNADU,
             REPRESENTED BY M.DURAI, 8TH PETITIONER.
     4       THANGAMMAL, W/O. AYYAKUTTY,
             AGED 57 YEARS,
             SANKANAPERI, VASUDEVANALLOOR,
             SIVAGIRI DISTRICT, TAMILNADU
             REPRESENTED BY M.DURAI, 8TH PETITIONER.
     5       CHELLADURAI, S/O. MADAN @ SOOSAI,
             AGED 55 YEARS,
             CHOOKKANADU, MUNNAR, KDH VILLAGE,
             DEVIKULAM TALUK
             REPRESENTED BY M.DURAI, 8TH PETITIONER.
     6       RAMAR, S/O. MADAN @ SOOSAI,
             AGED 53 YEARS,
             H.M.T. COLONY, KALAMASSERY,
             ERNAKULAM DISTRICT, REPRESENTED BY M.DURAI,
             8TH PETITIONER.
     7       JAYALAKSHMI, W/O. RAVIKUMAR
             AGED 51 YEARS,
             GUDUVANCHERY, SENGALPETTU TALUK, CHENNAI,
             REPRESENTED BY M.DURAI, 8TH PETITIONER.
 OP(C) NO. 1758 OF 2015

                                     2

     8       M.DURAI, W/O. RAVIKUMAR
             AGED 47 YEARS,
             ABHI BHAVAN, MUNNAR, KDH VILLAGE,
             DEVIKULAM TALUK.

             BY ADVS.
             SRI.P.K.RAVISANKAR
             SRI.M.K.THANKAPPAN


RESPONDENTS/DEFENDANTS RESPONDENTS&ADDITIONAL 5TH DEFENDANT SOUGHT
TO BE IMPLEADED:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY,
             REVENUE (R) DEPARTMENT, SECRETAIRAT,
             THIRUVANANTHAPURAM - 695 001.
     2       DISTRICT COLLECTOR
             IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA,
             IDUKKI - 685 603.
     3       TAHSILDAR
             DEVIKULAM TALUK, TALUK OFFICE,
             DEVIKULAM, IDUKKI DISTRICT - 685 561.
     4       VILLAGE OFFICER
             VILLAGE OFFICE, K.D.H VILLAGE,
             DEVIKULAM POST, IDUKKI DISTRICT - 685 561.
     5       KERALA WATER AUTHORITY
             REPRESENTED BY ITS CHAIRMAN,
             THIRUVANANTHAPURAM - 695 033.
OTHER PRESENT:

             GP SRI UNNIKRISHNAN S


      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1758 OF 2015

                                              3


                                    JUDGMENT

It is against Ext.P4 order, the plaintiff came

up. It is a suit instituted by the plaintiff for

declaration of title by adverse possession and

limitation as against the Government. The property

involved is admittedly a Puramboke land.

Subsequently, it was transferred to the water

authority by the State Government, and now the

water authority is holding the title and ownership

over the property. Hence, the dismissal of the

application for impleading the Water Authority as

an additional defendant cannot be sustained. The

order passed by the trial court will stand set

aside as there is a flagrant violation of the

exercise of jurisdiction by the trial court. The

impleadment application will stand allowed. It

shall be carried out the within 15 days from the

next posting of the suit.

OP(C) NO. 1758 OF 2015

The original petition will stand allowed

accordingly.

Sd/-

P.SOMARAJAN JUDGE rkr-12/06 OP(C) NO. 1758 OF 2015

APPENDIX OF OP(C) 1758/2015

PETITIONERS EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS 241/2013 BEFORE THE MUNSIFF'S COURT DEVIKULAM. EXHIBIT P2 TRUE COPY OF THE ORDER NO. GO(MS) NO.

337/14/REVENUE DT. 05.8.2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE IA NO 823/2015 IN MTOP 19/2013 OF MUNNAR SPECIAL TRIBUNAL. EXHIBIT P4 TRUE COPY OF THE ORDER DT. 10.7.2015 IN IA 823/2015 IN MTOP 19/2013 OF MUNNAR SPECIAL TRIBUNAL.

RESPONDENTS EXHIBITS      NIL


                                 TRUE COPY
                                P.A.TO JUDGE