Petitioners challenged a land conservancy notice threatening eviction from their 2-cent property. Court directed the District Collector to decide their pending objection after hearing them within three months, keeping further proceedings on the notice in abeyance till then.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 2110 OF 2017
PETITIONER/S:
1 THANKAMMA
AGED 62 YEARS
AGED 62 YEARS, W/O.LATE
KRISHNANKUTTY,MADATHIPARAMBIL HOUSE, SOUTH
ADUVASSERY,KUNNUKARA VILLAGE, NORTH PARAVOOR
TALUK,ERNAKULAM DISTRICT.683 578.
2SHIJU
AGED 42 YEARS
AGED 42 YEARS,S/O.LATE KRISHNANKUTTY.
3SHEEBA
AGED 44 YEARS
AGED 44 YEARS,D/O.LATE KRISHNANKUTTY.
BY ADVS.
SRI.VIJAI MATHEWS
SRI.UNNIKRISHNAN.S.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,PUBLIC WORKS DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM.2 DISTRICT COLLECTOR DISTRICT COLLECTORATE, KAKKANAD, KOCHI.3 ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS DIVISION),OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,PWD (ROADS DIVISION), NORTH PARAVOOR. BY ADVS. GOVERNMENT PLEADERTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.2110/2017
2
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.2110 of 2017
Dated this the 24th day of May, 2024
JUDGMENT
This writ petition is filed with following prayers:
WP(C).No.2110/2017
3
Therefore, this writ petition is disposed of with following directions:
receipt of a copy of this judgment.
WP(C).No.2110/2017
4
consequent to Ext.P6 shall be kept in
abeyance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
WP(C).No.2110/2017
5
APPENDIX OF WP(C) 2110/2017
PETITIONER EXHIBITS
EXHIBIT P1 |
TRUE COPY OFNO.2436/1981 OF29.04.1981. |
THE SALE DEEDSRO ALUVA, DATED |
|---|---|---|
EXHIBIT P2 |
TRUE COPY OF THDATED 12.1.2017. |
E DEATH CERTIFICATE, |
EXHIBIT P3 |
TRUE COPY OF THEDATED 13.3.2008. |
BUILDING TAX RECEIPT, |
EXHIBIT P4 |
TRUE COPY OF THEDATED 16.5.2005. |
BUILDING TAX RECEIPT |
EXHIBIT P5 |
TRUE COPY OF THEDATED 8.1.2009. |
BUILDING TAX RECCEIPT |
EXHIBIT P6 |
TRUE COPY OF14.11.2016. |
THE NOTICE DATED |
EXHIBIT P7 |
TRUE COPY OF16.01.2017. |
THE OBJECTION DATED |
RESPONDENT’S EXHIBITS:
EXHIBIT R2(A): TRUE COPY OF THE SKETCH AND REPORT
SUBMITTED BY SURVEYOR.
EXHIBIT R2(B) : TRUE COPY OF THE REPORT SUBMITTED BY THE TALUK SURVEYOR CLARIFYING THE SURVEY NUMBER.
1 issue framed by the court
Whether eviction proceedings under the Kerala Land Conservancy Act could continue without demarcation and consideration of the petitioners' objection to Ext.P6 notice.
2 provisions across 1 enactments
Thankamma
Shiju
Sheeba
State of Kerala represented by its Secretary, Public Works Department
District Collector, Kakkanad, Kochi
Assistant Executive Engineer, PWD (Roads Division), North Paravoor
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court