Disposed

Beeran v. Ambalavayal Panchayat

Kerala HC3 Jun 2014WP(C)/22675/2012

Case brief

AI extract

What is this about?

In this civil writ petition, the petitioner sought protection against eviction of his long-standing shop by urging the Court to direct the Panchayat to refrain from dispossessing him while he applied for formal land ownership documents. The Court granted a temporary stay on eviction.

What did the court decide?

Pending the petitioner's assignment application with the Government, the Panchayat is restrained from evicting the petitioner from the property.

Beeran Vs Ambalavayal Panchayat — Land Acquisition | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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TUESDAY, THE 3RD DAY OF JUNE 2014/13TH JYAISHTA, 1936

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WP(C).No. 22675 of 2012 (H)

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PETITIONER(S):

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BEERAN, AGED 65 YEARS, S/O.MAMMI, KOORIKKADAN HOUSE, AMBALAVAYAL P.O, BATHERY TALUK, WAYANAD DISTRICT.

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BY ADVS.SRI.ABRAHAM P.GEORGE

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SRI.K.VINODKUMAR (707/89) SMT.M.SANTHY

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RESPONDENT(S):

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1. AMBALAVAYAL PANCHAYAT, AMBALAVAYAL P.O, WAYANAD DISTRICT, REPRESENTED BY ITS SECRETARY 673 593.

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2. THE SECRETARY,

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AMBALAVAYAL PANCHAYAT, AMBALAVAYAL P.O, WAYANAD DISTRICT 673 593.

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3. TAHSILDAR,

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BATHERY TALUK, WAYANAD DISTRICT 673 392.

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4. THE VILLAGE OFFICER,

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AMBALAVAYAL, AMBALAVAYAL P.O, WAYANAD DISTRICT 673 593.

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R3 & 4 BY GOVERNMENT PLEADER SRI.SHYAM P.MANJUZHA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22675 of 2012 (H)

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APPENDIX

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PETITIONER(S) EXHIBITS

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------------------------------------

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EXT.P1TRUE PHOTOCOPY OF THE APPLICATION SO SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY COLLECTOR (L.T) CUM A.O AMBALAVAYAL

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EXT.P2THE PHOTOCOPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER AMBALAVAYAL UPON THE EXT.P1 APPLICATION

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EXT.P3TRUE PHOTOCOPY OF THE REPORT PREPARED BY THE VILLAGE OFFICER AMBALAVAYAL UPON THE EXT.P1 APPLICATION

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EXT.P4THE TRUE COPY OF THE APPLICATION DATED 6-08-2012 SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER

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EXT.P5THE TRUE PHOTOCOPY OF THE REPLY ISSUED BY THE STATE PUBLIC INFORMATION OFFICER TO THE PETITIONER DATED 5-09-2012

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EXT.P6THE PHOTOCOPY OF THE REPORT OBTAINED BY THE PETITIONER BY WAY OF RIGHT TO INFORMATION ACT

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EXT.P7THE PHOTOCOPY OF THE PHOTOGRAPH SHOWING THE 'C' CLASS SHOP OF OF THE PETITIONER AND ALSO THE CONSTRUCTION OF THE PANCHAYAT BUILDING GOING ON BEHIND THE SAME.

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RESPONDENTS' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

A.V. RAMAKRISHNA PILLAI, J.

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-------------------------------------------------W.P.(C) No. 22675 of 2012

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-------------------------------------------------Dated this the 3^rd day of June, 2014

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J U D G M E N T

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The petitioner, a senior citizen, who is running a 'C' class shop at Ambalavayal, has come up before this Court for a direction against respondents 1 and 2 not to evict the petitioner from the property, where his shop room is situated.

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The petitioner alleges that he is in possession of 10 cents of land in Re.Sy.No.215/1A1A1A of Ambalavayal Village from 1965 onwards. He alleges that he applied for 'patta' as per Ext.P1 application for the entire extent of land. But, as per Exts.P2 and P3 sketch and report, he was found in possession of 1.853 cents (0.0075 hectare) of land only. The petitioner alleges that the Government has not issued 'patta' with respect to the said property. The petitioner further alleges that the Panchayat commenced the construction of a building behind the

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W.P.(C) No. 22675 of 2012

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..2..

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property in which the petitioner's shop is situated trespassing into 10 cents of land he was possessing and the attempt of the Panchayath with the help of local politicians is to evict the petitioner from that property. It is with this background, the petitioner has come up before this Court.

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Though notice was served on the respondent Panchayat, they did not turn up.

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When the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner would submit a fresh application before the Government for issuance of 'patta' in his name in respect of the land in question; and till then, there shall be a direction to respondents that they shall not evict the petitioner from the property.

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As this Court feels that there is no harm in allowing the said prayer, the writ petition is disposed of permitting the petitioner to approach the Government with a proper petition for assignment within a period of one month from

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W.P.(C) No. 22675 of 2012

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..3..

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today.

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In the event of filing such a petition, the same shall be considered and disposed of by the Government in accordance with law after affording the petitioner an opportunity of being heard within a period of three months of receipt of the petition.

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Till the entire exercise is completed, the existing state of affairs shall be allowed to continue.

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Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE

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bka/-

Beeran v. Ambalavayal Panchayat

Case brief

What is this about?

What did the court decide?

Beeran v. Ambalavayal Panchayat

Case brief

What is this about?

What did the court decide?

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