IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
W.P.(C) NO.34209 OF 2017
PETITIONER/S:
FATHIMA SHAGEER, AGED 40 YEARS.
W/O.SHAGEER .K, PALLIPARAMBIL HOUSE,
KAYIKUDAM, SOUTH ADUVASSERY P.O,
KUNNUKARA VILLAGE, NORTH PARAVOOR TALUK,
ERNAKULAM DISTRICT 683 578.
BY ADVS.
SRI.VIJAI MATHEWS
SRI.UNNIKRISHNAN.S.
RESPONDENTS:
1 DISTRICT COLLECTOR, COLLECTORATE,
KAKKANAD, ERNAKULAM, PIN-682 030.
2 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, ERNAKULAM, PIN-682 001.
3 VILLAGE OFFICER,
VILLAGE OFFICE, KUNNUKARA,
ERNAKULAM DISTRICT, PIN-683 578.
4 SAINABA ABDUL KHADER,
AGED 80 YEARS, W/O.ABDUL KHADER,
UZHAVATH PALLIPARAMBIL, C/O.SAWAD, ALWIS,
ELOOR VILLAGE, NOORAKKATTU LANE,
UDYOGAMANDAL, ALUVA, PIN-683 501
*PRESENT ADDRESS OF R4 ADDED
SAINABA ABDUL KHADER, C/O.SAWAD.A, ALVIS,
NEAR VANIYAKKADU JUMA MASJID, MANNAM P.O.,
NORTH PARAVUR-683 520.
(ADDED AS PER ORDER DATED 30.01.2018)
BY ADV SRI.M.RISHIKESH SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.34209 of 2017
2
JUDGMENT
(Dated : 3rd June, 2022) This writ petition is filed for quashing Ext.P1 order dated 21.06.2017 of the Maintenance Tribunal, Fort Kochi, wherein, the respondent is the petitioner herein was directed to move out of the house and to allow the petitioner to stay in the house.
2. Brief case of the petitioner is as follows: The petitioner and her family have been residing in their house for the past 17 years having building No.VI/230 (Old No.91B), situated in the property having an extent of 3.500 cents of land, in survey No.668/1A of Kunnukara Village, Ernakulam District. The 2 nd respondent vide order dated 21.06.2017 directed the petitioner and her family to vacate their house before 31.10.2017, and to handover possession of the property to the 4 th W.P.(C) No.34209 of 2017 3 respondent.
3. Proceedings were initiated on the basis of a complaint given by the petitioner's mother, who is the 4th respondent herein. The petitioner is the youngest daughter of the 4th respondent. Her husband is working in Gulf as a driver. The petitioner is residing with her children aged 19 and 23 years respectively. The petitioner submits that she had received notice from the 2nd respondent and entered appearance on 28.03.2017 and the matter was referred for conciliation and when the conciliation failed, the 2 nd respondent passed Ext.P1 order. The petitioner raised various other contentions regarding the title of the 4 th respondent. The counsel for the petitioner also submits that Ext.P1 order was passed without providing opportunity to the petitioner for filing a counter.
4. Be that as it may. Ext.P1 is the interim order passed by the Tribunal directing the petitioner's to W.P.(C) No.34209 of 2017 4 vacate the house before 31.10.2017. This Court while admitting the writ petition, stayed Ext.P1 stay order and clarified that, if the 4 th respondent is desirous of staying in the house, she shall be permitted to stay there and the petitioner shall not cause any hurt to the 4th respondent.
5. Since Ext.P1 is an interim order, final order has to be passed by the 2nd respondent after hearing both the parties. This writ petition was filed in the year 2017 and for the last five years Ext.P1 is lying stayed in this writ petition. In view of the matter, I am of the opinion that the original complaint filed by the 4 th respondent has to be disposed of by the 2 nd respondent after hearing the affected parties.
In the result, the writ petition is disposed of directing the 2nd respondent to take up Ext.P2 and dispose of the same after giving opportunity of hearing both the parties and pass final orders, within a period W.P.(C) No.34209 of 2017 5 of three months from the date of receipt of a copy of the judgment, till that time, Ext.P1 shall be kept in abeyance.
The writ petition is disposed of accordingly.
Sd/-
BASANT BALAJI, JUDGE ss W.P.(C) No.34209 of 2017 6 APPENDIX OF WP(C) 34209/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 21-06-2017 EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 1-12-2016 EXHIBIT P3 TRUE COPY OF THE REGISTERED DEED, DATED 19-11-2015 EXHIBIT P4 TRUE COPY OF THE ELECTORAL ID CARD ISSUED TO THE PETITIONER, DATED 22-1-2002 EXHIBIT P5 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER FROM THE KUNNUKARA CO- OPERATIVE BANK, DATED 8-7-2004 EXHIBIT P6 TRUE COPY OF THE OLD RATION CARD ISSUED IN THE NAME OF PETITIONER'S HUSBAND, DATED 24-12-2008 EXHIBIT P7 TRUE COPY OF THE NEW RATION CARD ISSUED IN THE NAME OF PETITIONER, DATED 15-3- 2017 EXHIBIT P8 TRUE COPY OF THE AADHAR CARD ISSUED TO THE PETITIONER'S DAUGHTER, DATED 5-10- 2017 EXHIBIT P9 TRUE COPY OF THE AADHAR CARD ISUED TO THE PETITIONER'S SON DATED 5-10-2017