Petitioner shopkeepers filed a writ petition apprehending forcible eviction. The court held the petition was premature as no eviction steps were taken and officials undertook not to act without law. Petition dismissed.
Petition dismissed as premature; liberty to resist future eviction steps.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN
WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931
WP(C).No. 30169 of 2009(M) ------------------------------------
PETITIONER(S):
------------------------
1. S.ABDUL RAHIM, S/O.SULAIMAN, G.H.ROAD, MUNNAR IDUKKI DISTRICT.
2. ANDREWS, S/O.ARPUTHAM, G.H.ROAD, MUNNAR IDUKKI DISTRICT.
BY ADVS.MR.RENJITH B.MARAR MR.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SMT.P.A.PRIYA
RESPONDENT(S):
-------------------------
1. THE DISTRICT COLLECTOR, IDUKKI.
2. REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI.
3. DEPUTY SUPERINTENDENT OF POLICE, MUNNAR, IDUKKI DISTRICT.
4. THE EXECUTIVE ENGINEER, PWD ROADS SUBDIVISION, MUNNAR.
5. THE SECRETARY, MUNNAR GRAMA PANCHAYATH
R1 TO R3 BY GOVT. PLEADER MR.P.NARAYANAN R5 BY ADVS. SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB .
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N. RAVINDRAN,J.
W.P.(C).NO.30169 OF 2009
--------------------------DATED THIS THE 11TH DAY OF NOVEMBER, 2009
JUDGMENT
The petitioners are shopkeepers of Munnar town.
They have filed this writ petition apprehending that they will be forcibly evicted from their shop-rooms. Sri P. Narayanan, the learned Government Pleader appearing for respondents 1 to 4 submits on instructions that as on today no steps have been taken to evict the petitioners from their respective shop-rooms. He also
submits that if the petitioners are liable to be evicted, they will be evicted only in accordance with law.
the learned Government Pleader appearing for respondents 1 to 4, it is evident that this writ petition is filed on the mere apprehension that the petitioners will be forcibly evicted. In the light of the stand of the official respondents, it is evident that the apprehension of the petitioners is unfounded. The Writ Petition
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W.P.(C).No.30169/2009
is accordingly dismissed as premature, reserving liberty with the
petitioners to resist the steps for eviction, if any, initiated against them. It is clarified that the petitioners shall not be evicted except
in accordance with law.
P.N.RAVINDRAN, JUDGE.
kcv.
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W.P.(C).No.30169/2009
2 issues framed by the court
Whether a writ petition filed based on mere apprehension of forcible eviction without actual eviction proceedings is maintainable.
Whether an official respondent's undertaking to act in accordance with law removes the urgency and necessity for immediate judicial intervention.
S. ABDUL RAHIM
ANDREWS
THE DISTRICT COLLECTOR, IDUKKI
REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI
DEPUTY SUPERINTENDENT OF POLICE, MUNNAR, IDUKKI DISTRICT
THE EXECUTIVE ENGINEER, PWD ROADS SUBDIVISION, MUNNAR
P.N. RAVINDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
