Disposed

Eldose v. State of Kerala

Kerala HC15 Mar 2019WP(C)/4764/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought time to vacate the property. The court, acknowledging the petitioner's minor children, granted a four-month extension from the date of judgment receipt to complete eviction before the competent authority takes further action.

What did the court decide?

Grant of four months from the date of receipt of judgment for the petitioner to evict from the property.

Eldose Vs State of Kerala — Landlord and Tenant | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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FRIDAY ,THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940

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WP(C).No. 4764 of 2019

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PETITIONER:

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ELDOSE, AGED 47 YEARS S/O.VARKEY, PUTHUMANAKKUDY, IYRURKARA, KOTTAPPADY VILLAGE, KOTHAMANGALAM.

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BY ADVS. A T ANIL KUMAR SMT.V.SHYLAJA

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2 REVENUE DIVISION OFFICER, MUVATTUPPUZHA.

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3 VARKEY, AGED 75 YEARS, S/O.KURIAN, PUTHUMANAKKUDY, IYRURKARA, KOTTAPPADY VILLAGE, KOTHAMANGALAM. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.K.AKHIL SMT.AMMINIKUTTY-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4764 of 2019

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JUDGMENT

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Even though there are various assertions, allegations and averments in this writ petition, Sri.A.T.Anil Kumar, the learned counsel for the petitioner, says that his client is not now pressing any of those and that his client needs only a short time to evict himself from the property involved in the impugned orders. He says that he is constrained to make this prayer because his client has two small children and that his family will, therefore, require some time to find alternative accommodation and move out in terms of the impugned orders.

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Sri.T.A.Unnikrishnan, the learned counsel appearing for the senior citizen, submits that he does not stand in the way of a reasonable time being granted to the petitioner but prays that the petitioner be directed to evict himself with his family within the time granted by this Court without seeking any further extension.

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Taking note of the afore submissions and particularly the request of Sri.A.T.Anil Kumar that his client be given five month's time to evict from the house in question, I deem it appropriate to grant him four months from the date of receipt of a copy of this judgment to do so; and I make it clear that all action pursuant to

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WP(C).No. 4764 of 2019

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the impugned orders will be taken by the competent Authority in

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terms of law, if it is so required in future.

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This writ petition is thus ordered.

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Sd/- DEVAN RAMACHANDRAN

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JUDGE

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stu

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WP(C).No. 4764 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE SAID SETTLEMENT DEED BEARING NO.6026/2011. EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S.NO.494/17 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS : NIL

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//TRUE COPY//

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P.A TO JUDGE.

Eldose v. State of Kerala

Case brief

What is this about?

What did the court decide?

Eldose v. State of Kerala

Case brief

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