Dismissed

Elizabeth Lee Jacob v. State of Kerala

Kerala HC5 Mar 2024WP(C)/3933/2022

Case brief

AI extract

What is this about?

Petitioner alleged encroachment and illegal construction on her land by two private parties and sought enforcement of a Sub Collector report. The court deemed it a civil dispute between private parties and directed her to seek remedies from the Civil Court.

What did the court decide?

Liberty granted to petitioner to approach the Civil Court and seek appropriate remedies; writ petition dismissed.

Elizabeth Lee Jacob Vs State of Kerala — Property and Title | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶3

¶4

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
WP(C) NO. 3933 OF 2022

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PETITIONER/S:

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ELIZABETH LEE JACOB
AGED 60 YEARS, W/O.JACOB GEORGE, RAJAGIRI,
PERUNNA P.O., CHANGANASSERY, KOTTAYAM DISTRICT,
PIN - 686 102.
BY ADVS.
N.K.SHYJU
DEEPAK RAJ
C.P.ROOPA
ARCHANA MITHRAN O.K.

¶7

RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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2 THE REVENUE DIVISIONAL OFFICER DEVIKULAM RDO OFFICE, DEVIKULAM CIRCLE ROAD, KANNAN DEVAN HILLS, IDUKKI DISTRICT, PIN - 685 613.

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3 THE VILLAGE OFFICER PALLIVASAL, KANNAN DEVAN HILLS, IDUKKI DISTRICT, PIN - 685 561.

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4 THE EXECUTIVE ENGINEER

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KERALA STATE ELECTRICITY BOARD, CHITHIRPURAM, IKDUKKI DISTRICT, PIN - 685 565.

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5 PALLIVASAL GRAMA PANCHAYATH REP. BY ITS SECRETARY, PALLIVASAL, IDUKKI DISTRICT, PIN - 685 561.

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6 LAKSHMANAN S/O.THANKAPPAN, POTHAMEDUKARA, PALLIVASAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685 561.

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7 MUTHAIAH S/O.SUBRAMANI, POTHAMAEDU KARA, PALLIVASAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685 561.

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BY ADV SHRI.JOICE GEORGE, PALLIVASAL GRAMA PANCHAYAT
SPECIAL GOVERNMENT PLEADER REVENUE, ADV.M.H.HANIL KUMAR

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WP(C) NO. 3933 OF 2022

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO. 3933 OF 2022

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JUDGMENT Dated this the 5^th day of March, 2024

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A.MUHAMED MUSTAQUE(J)

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The petitioner approached this Court to enforce Ext.P6 report of the Sub Collector, Devikulam dated 24.08.2021. The petitioner states that her property has been encroached by 6^th and 7^th respondents.

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It is seen that a civil dispute is pending between the petitioner and the party respondents. It is true that, Ext.P6 report states that an illegal construction has been undertaken in the said property. As this is only a civil dispute between the petitioner and the party respondents, we direct the petitioner to approach the Civil Court and seek appropriate remedies.

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With the above liberty, the Writ Petition is dismissed.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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Sd/SHOBA ANNAMMA EAPEN JUDGE

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WP(C) NO. 3933 OF 2022

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¶33

APPENDIX OF WP(C) 3933/2022

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`PETITION`	`ER EXHI`	`BITS`
`Exhibit`	`P1`	`A TRUE COPY OF THE PARTITION DEED` `NO.2087/2000 DATED S.R.O. OF DEVIKULAM,` `DATED 1/8/200.`
`Exhibit`	`P2`	`A TRUE COPY OF THE PETITION DATED` `16/07/2021 SUBMITTED BY THE AGENT OF`
		`THE PETITIONER TO THE STATION HOUSE` `OFFICER, MUNNAR.`
`Exhibit`	`P3`	`A TRUE COPY OF THE PHOTOGRAPH OF THE` `LAND WHICH DISCLOSES THE FACT THAT 6TH` `AND 7TH RESPONDENTS WITH THE AID OF` `THEIR HENCHMEN HAVE DESTROYED THE` `ENTIRE CULTIVATION.`
`Exhibit`	`P4`	`A TRUE COPY OF THE JUDGMENT DATED` `11/10/2021 IN WPC NO.14439/2021 PASSED` `BY THIS HON'BLE COURT.`
`Exhibit`	`P5`	`A TRUE COPY OF THE REPRESENTATION DATED` `10/08/2021 SUBMITTED BY THE PETITIONER` `TO THE 2ND RESPONDENT.`
`Exhibit`	`P6`	`A TRUE COPY OF THE REPORT DATED` `24/08/2021 SUBMITTED BY THE VILLAGE` `OFFICER, PALLIVASAL.`
`Exhibit`	`P7`	`A TRUE COPY OF THE PHOTOGRAPH WHICH` `DISCLOSES THE FACT THAT THE 6TH AND 7TH` `RESPONDENTS CONTINUING CONSTRUCTION` `WORK IN THE LAND.`

Elizabeth Lee Jacob v. State of Kerala

Case brief

What is this about?

What did the court decide?

Elizabeth Lee Jacob v. State of Kerala

Case brief

What is this about?

What did the court decide?

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