C.Omana vs The District Collector

Kerala High Court

C.Omana vs The District Collector on 21 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WP(C) NO. 18522 OF 2015
                                         1

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                         &
                      THE HONOURABLE MR. JUSTICE S.MANU
         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                           WP(C) NO. 18522 OF 2015
PETITIONER/S:

            C.OMANA
            AGED 50 YEARS
            W/O CHELLADURAI, JAYABHAVAN, X11/30,DEVICULAM.

            BY ADV SRI.BABU PAUL (EXPIRED)



RESPONDENT/S:

     1      THE DISTRICT COLLECTOR
            PAINAVU PO, IDUKKI PIN 685603

     2      THE REVENUE DIVISIONAL OFFICER
            DEVIKULAM -685 613

     3      THE TAHASILDAR
            TALUK OFFICE, DEVIKULAM 685 613

     4      THE VILLAGE OFFICER
            KDH VILLAGE OFFICE , MUNNAR 685 612

     5      THE PRINCIPAL
            GOVERNMENT HIGHER SECONDARY SCHOOL, DEVIKULAM 685 6'13

            BY ADVS.
            SPL.G.P.M.H.HANILKUMAR
            SRI.M.K.THANKAPPAN




     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18522 OF 2015
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                                      JUDGMENT

Dated this the 21st day of May 2024 A.Muhamed Mustaque, J.

This writ petition was filed seeking the following reliefs:

A. Issue a writ of mandamus or such other writ or order directing the respondents not to disturb the ownership and possession of the petitioner other than under due process of law.

And B. Issue such other writ or order which this Hon'ble Court may be deem fit and proper in the facts and circumstances of this case.

2. It appears that a portion of the property of the school has been encroached by the petitioner. During the pendency of this writ petition, learned Counsel for the petitioner died. Though notice has been issued, there was no representation for the petitioner.

3. It is to be noted that petitioner claims title of the property referred in the writ petition based on a patta issued as per the proceedings in L.A.29/99/KDH. This patta has been revoked as per the proceedings dated 18.01.2022 pending writ petition.

4. Considering the facts and circumstances of the case, we are of the view that petitioner has a remedy to challenge the revocation of patta WP(C) NO. 18522 OF 2015 3 in accordance with law.

5. With the liberty as above, this writ petition is dismissed. We make it clear that, if there is no challenge to the revocation of patta, revenue authorities shall take steps to resume the land without further delay. The school authorities are also permitted to put up the compound wall to protect their property.

Sd/ A.MUHAMED MUSTAQUE JUDGE sd/ S.MANU JUDGE jm/ WP(C) NO. 18522 OF 2015 4 APPENDIX OF WP(C) 18522/2015 PETITIONER'S EXHBITS:

EXT.P1: COPY OF THE PATTA ISSUED TO THE PETITIONER'S EXT.P2: COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER'S HUSBAND EXT.P3: TRUE COPY OF THE APPROVED BUILDING PLAN ISSUED TO THE PETITIONER.

EXT.P4: COPY OF THE TAX RECEIPT EVIDENCING THE PAYMENT OF TAX TO THE PANCHYAT PETITIONER'S EXHIBITS Exhibit R5(a) True copy of the letter No. R3-4671/88 dated 6- 11-1990 issued by the Tahasildar, Devikulam Exhibit R5(b) True copy of the letter dated 19-02-2014 issued to the Additional Thahasildar, Devikulam Exhibit R5(c) True copy of the sketch No. C5 2387/2014 dated 19-3-2015 Exhibit R5(d) True copy of the letter dated 06-05-2015 of Additional Tahasildar, Devikulam