Kerala High Court
Judymol vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
WP(C) NO. 15983 OF 2024
PETITIONER :-
JUDYMOL, AGED 45 YEARS
D/O ALBY J, PUNNAKADAVU VEEDU, MENAMKULAM, KAZHAKKUTTAM,
THIRUVANANTHAPURAM, PIN - 695582
BY ADV K.P.SUJESH KUMAR
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT,
GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR
INLAND NAVIGATION DIRECTORATE, KOLLAM, KALLADA HOUSE,
ASHRAMAM ROAD, ASRAMAM, KOLLAM, PIN - 691001
3 ASSISTANT EXECUTIVE ENGINEER
INLAND NAVIGATION SUB DIVISION, PMG JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
4 THE DISTRICT COLLECTOR
COLLECTORATE, KUDAPANAKUNNU P.O,
THIRUVANANTHAPURAM, PIN - 695043
5 VILLAGE OFFICER
MENAMKULAM VILLAGE OFFICE, MENAMKULAM P.O,
THIRUVANANTHAPURAM, PIN - 695582
6 THE SECRETARY
KADINAMKULAM PANCHAYAT,
THIRUVANANTHAPURAM, PIN - 695303
7 THE STATION HOUSE OFFICER
KAZHAKKUTTOM POLICE STATION, KAZHAKKUTTOM P.O,
THIRUVANANTHAPURAM, PIN - 695582
GP SMT JASMINE M M
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15983 OF 2024
2
SHOBA ANNAMMA EAPEN, J.
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WP.(C) No. 15983 of 2024
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Dated this the 16th day of April, 2024
JUDGMENT
This writ petition is filed challenging the proceedings initiated against respondents 1 to 3 under the provisions of Kerala Land Conservancy Act, 1957. Attempts have been made to evict the petitioner and her family from their holding which were in occupation for more than 50 years.
2. Ext.P4 show cause notice was issued to the petitioner to appear before the Assistant Executive Engineer, Irrigation Department and produce documents. Pursuant to Ext.P4, the petitioner has submitted Ext.P7 representation before the District Collector - 4th respondent.
3. Heard the learned counsel for the petitioner as well as the learned Government Pleader.
4. The learned counsel for the petitioner submitted WP(C) NO. 15983 OF 2024 3 that Ext.P7 is pending consideration.
5. Taking note of the facts and circumstances, I am of the opinion that this writ petition can be disposed of with a direction to the 4th respondent to consider and pass orders in Ext.P7 within a time bound manner.
Accordingly, this writ petition is disposed of directing the 4th respondent to consider Ext.P7, with notice to the petitioner and after affording an opportunity of being heard to the petitioner within a period of three months from the date of receipt of a copy of this judgment. Until then, all coercive steps shall be kept in abeyance.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE SMA WP(C) NO. 15983 OF 2024 4 APPENDIX OF WP(C) 15983/2024 PETITIONER EXHIBITS :-
Exhibit P1 TRUE COPY OF THE RATION CARD DATED 02/09/2010 ISSUED IN THE NAME OF ALBY J Exhibit P2 TRUE COPY THE RATION CARD IN THE NAME OF THE PETITIONER DATED 15/03/2017 Exhibit P3 TRUE COPY OF THE PASSPORT OF THE MOTHER OF THE PETITIONER BEARING NO. B5964644 Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT UNDER SECTION 12 OF THE LAND CONSERVANCY ACT, DATED 02/04/2024 Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT DATED 12/04/2024 Exhibit P6 TRUE COPY OF THE SKETCH OF THE PROPERTY OF THE PETITIONER Exhibit P7 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 15/04/2024