Disposed

Nazer and Another v. State of Kerala and Others

Kerala HC2 Nov 2016WP(C)/5796/2010

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed regarding the measurement of the petitioners' shop and threats of dispossession. The Court observed that without any stay granted, the petition remains for six years and observed that eviction can only occur via specific proceedings against puramboke lands and must follow due notice.

What did the court decide?

Writ petition closed with observation that any eviction shall be in accordance with law and after issuance of notice.

Nazer and Another Vs State of Kerala and Others — Land Acquisition | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938

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WP(C).No. 5796 of 2010 (Y)

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PETITIONER(S):

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1. NAZER,S/O.MOIDEEN BAVA, OTTATHAIKAL HOUSE, MADATHIMOOLA, CHENGAMANAD, VILLAGE, ALUVA TALUK, ERNAKULAM (DIST.).

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2. SHEENA, W/O NAZER, OTTATHAIKAL HOUSE, MADATHIMOOLA, CHENGAMANAD VILLAGE, ALUVA TALUK, ERNAKULAM (DIST).

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BY ADV. SRI.ANIL K.MOHAMMED

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RESPONDENT(S):

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1. STATE OF KERALA, SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DISTRICT COLLECTOR, ERNAKULAM.

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3. THE TAHSILDAR, ALUVA TALUK, ERNAKULAM (DIST).

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4. THE VILLAGE OFFICER, ANKAMALY, ALUVA TALUK, ERNAKULAM (DIST).

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*** ADDITIONAL R5 IMPLEADED**

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5. ASSISTANT EXECUTIVE ENGINEER, PWD, ALUVA, ERNAKULAM DISTRICT.

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IMPLEADED VIDE ORDER DTD.31.3.2010 IN IA.4823/2010.

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BY GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 5796 of 2010 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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--------- EXT.P1	-------------- TRUE COPY OF DOCUMENT NO.408/05 DTD.27.1.2005 OF ANKAMALY S.R.O.
EXT.P2	TRUE COPY OF DOCUMENT NO.977/05 DTD.26.2.2005 OF ANKAMALY S.R.O.
EXT.P3	TRUE COPY OF LABOUR TAX RECEIPT DTD.29.8.2009 ISSUED FROM ANKAMALY MUNICIPALITY.
EXT.P4	TRUE COPY OF REPRESENTATION DTD.13.6.2007 SUBMITTED BEFORE 3RD RESPONDENT.

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RESPONDENT(S)' EXHIBITS:

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

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

K. Vinod Chandran,J.

W.P.(C) No.5796 of 2010-Y

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---------------------------------------Dated, this the 02^nd day of November, 2016

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JUDGMENT

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The learned Counsel appearing for the petitioner submits that the 1^st petitioner is no more and seeks time to implead the legal heirs of the said petitioner. However, the 2^nd petitioner, the wife of the 1^st petitioner is also a party to the writ petition and she can very well represent the estate of the 1^st petitioner also.

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The grievance raised in the writ petition, of the year 2010, is that the 4^th respondent measured the petitioners' shop room and threatened dispossession, alleging encroachment. The petitioners contended that no proceedings under the Kerala Land Conservancy Act, 1957 [for brevity “KLC Act”] is taken for eviction of the petitioners.

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Obviously, any eviction of a possession can be made only under the KLC Act if allegation is possession of puramboke lands. There was no stay granted in the writ petition which has remained here for the last six years. If the proceedings were not

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WP(C) No.5796 of 2010

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taken and finalised, leaving open the right of the State to take such proceedings the writ petition is closed with the further observation that any eviction made shall be in accordance with law and after issuance of notice to the 2^nd petitioner and the legal heirs of the 1^st petitioner.

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The writ petition is disposed of as above. No costs.

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Sd/- K.Vinod Chandran Judge.

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vku/-

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[ true copy ]

Nazer and Another v. State of Kerala and Others

Case brief

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Nazer and Another v. State of Kerala and Others

Case brief

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