Petitioner filed a writ petition apprehending eviction from residential house under the Stay of Eviction Proceedings Act (Kerala). Court observed that no application for land assignment was received and no eviction proceedings were initiated. Petition disposed without lifting apprehension.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 27TH DAY OF JULY 2016/5TH SRAVANA, 1938
WP(C).No. 13354 of 2010 (T)
PETITIONER :
RAGHAVAN,S/O.KUNJAN, AGED 73 YEARS, THEKKEVAIPATTAMEL, BRAHMAMANGALAM KARA, CHEMPU VILLAGE,VAIKOM TALUK.
BY ADVS.SRI.MANOJ RAMASWAMY SMT.VIDYA RAVI
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, KOTTAYAM.
3. TAHSILDAR,TALUK OFFICE,VAIKOM TALUK, VAIKOM, KOTTAYAM DISTRICT.
4. THE VILLAGE OFFICER, VILLAGE OFFICE, CHEMBU VILLAGE, KOTTAYAM DISTRICT.
5. THE SECRETARY, CHEMBU GRAMA PANCHAYAT, BRAHAMANGALAM P.O,KOTTAYAM DISTRICT.
R1 TO R4 BY SR GOVERNMENT PLEADER SRI.T.RAMPRASAD UNNI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.13354/2010
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
P.V.ASHA, J.
W.P.(C) No.13354 of 2010
Dated this the 27th day of July, 2016
JUDGMENT
The petitioner approached this Court apprehending eviction under the provisions of Stay of Eviction Proceedings Act (Kerala), from his residential house in Sy.No.223/3 and 223/4 of Chembu Village. The petitioner had stated that he had already submitted an application for assignment of the said land and produced Ext.P4 addressed to the District Collector.
In the above circumstances, it is up to the petitioner to submit appropriate application in case he seeks orders of assignment of the land, before the appropriate authority. The
W.P.(C) No.13354 of 2010
:2:
proceedings for eviction if any shall be taken against the
petitioner only in accordance with law after notice to him.
Accordingly this writ petition is disposed of.
Sd/-
P.V.ASHA JUDGE
rkc
2 issues framed by the court
Whether the petitioner is entitled to protection against eviction under the Stay of Eviction Proceedings Act (Kerala) in the absence of an application for land assignment.
Whether proceedings for eviction have been initiated against the petitioner.
1 provisions across 1 enactments
RAGHAVAN, S/O.KUNJAN
STATE OF KERALA
THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT
TAHSILDAR, TALUK OFFICE, VAIKOM TALUK
THE VILLAGE OFFICER, CHEMBU VILLAGE
THE SECRETARY, CHEMBU GRAMA PANCHAYAT
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
