In a writ petition seeking direction to restrain trespass and eviction from her patta-held property, the Court, without expressing opinions on the patta dispute containing the counter affidavit, closed this writ petition while recording that possession shall not be disturbed without due process. Pending proceedings are to continue as per law.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY ,THE 11TH DAY OF SEPTEMBER 2018 / 20TH BHADRA, 1940 WP(C).No. 11704 of 2018
PETITIONER/S:
BEENA JOSEY AGED 54, W/O.LATE JOSEY THOMAS, RESIDING AT HILL VIEW ESTATE, SURAYNELLI KARA, CHINNAKANAL VILLAGE, IDUKKI DISTRICT.
BY ADV. SRI.BABU PAUL
RESPONDENT/S:
1 THE SUB COLLECTOR DEVIKULAM PIN-685613.
2 THE ADDITIONAL TAHSILDAR (LR) TALUK OFFICE, UDUMBANCHOLA, PIN-685618.
3 THE VILLAGE OFFICER CHINNAKANAL VILLAGE, CHINNACANAL, PIN-685617.
4 THE ADDITIONAL CHIEF SECRETARY REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY SMT. PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11704 of 2018 2
JUDGMENT
This writ petition is filed by the petitioner seeking the
following prayers:-
Government pleader.
petitioner that the petitioner seeks restriction of trespass into the property admittedly possessed by her on the strength of the patta issued to her in the year 1972.
respondent, it has been specifically stated that only eviction of unauthorized occupation of poramboke land is being effected and that there is no attempt to encroach into the properties of the petitioner. It is stated that there is some dispute as regard to the patta issued to the petitioner.
of the parties with regard to the patta in question, the contention in the counter affidavit to the effect that no
WP(C).No. 11704 of 2018 3
trespass is made into the property of the petitioner covered by the patta is recorded, and this writ petition is closed. It is made clear that any proceedings with regard to the property in question can be proceeded only in accordance with law. In case any encroachment in Government poramboke land is established, action can proceed. However, no steps shall be taken to disturb the possession of the petitioner on the strength of the patta granted to him without due process of
law. The contentions of the parties are left open.
Sd/-
ANU SIVARAMAN
JUDGE
ajt/11/09/18
WP(C).No. 11704 of 2018 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1TRUE COPY OF THE SALE DEED NO.1680/99 OF SRO RAJAKUMARI. EXHIBIT P2TRUE COPY OF THE TAX RECEIPT DATED 01/06/1999 ISSUED BY THE VILLAGE OFFICE CHINNAKANAL. EXHIBIT P3TRUE COPY OF THE COMPLAINT DATED 05/03/2018 BY THE PETITIONER.
RESPONDENT(S)'EXHIBITS EXHIBIT R2(a) TRUE COPY OF THE T.P. ACCOUNT NO.2742 OF CHINNAKKANAL VILLAGE EXHIBIT R2(b) TRUE COPIES OF RECORDS PROCEDURE CONNECTED TO THE EVICTION EXHIBIT R2(C) A TRUE COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT IN RESPECT OF THE EXHIBIT P3.
//TRUE COPY //
P.A. TO JUDG E
3 issues framed by the court
Whether to grant relief restraining respondents from trespassing into the petitioner's property.
Whether eviction proceedings are encroaching upon the petitioner's possession under patta.
Whether the dispute over patta validity precludes a decision in the writ petition.
BEEENA JOSEY
THE SUB COLLECTOR DEVIKULAM
THE ADDITIONAL TAHSILDAR (LR) TALUK OFFICE, UDUMBANCHOLA
THE VILLAGE OFFICER CHINNAKANAL VILLAGE
THE ADDITIONAL CHIEF SECRETARY REVENUE DEPARTMENT
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
