K.U.Ashraf vs Assistant Executive Engineer
2021 Latest Caselaw 5122 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

      THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                       WP(C).No.3467 OF 2021(G)

PETITIONERS:
       1       K.U.ASHRAF
               AGED 59 YEARS
               S/O UMMERKOYA,KANJIRATHINGAL HOUSE,
               CC 6/110,MATTANCHERR,COCHIN-682002.

      2        R.A.HASEENA,
               AGED 49 YEARS
               KANJIRATHINGAL HOUSE,CC 6/110,MATTANCHERRY,
               KOCHI-682002.

               BY ADV. SRI.BIMAL PRASAD
RESPONDENTS:
       1       ASSISTANT EXECUTIVE ENGINEER,
               IRRIGATION SUB DIVISION,CIVIL STATION,
               COLLECTORATE,KAKKANAD,ERNAKULAM,
               PIN-682030.

      2        ASSISTANT ENGINEER,
               IRRIGATION CANAL SECTION,MATTANCHERRY,
               KOCHI-682002.

      3        TAHSILDAR,
               TALUK OFFICE,KOCHI,FORTKOCHI,
               ERNAKULAM,PIN-682001.

      4        DISTRICT COLLECTOR,
               ERNAKULAM,COLLECTORATE,CIVIL
               STATION,KAKKANAD,ERNAKULAM,
               PIN-682030.

               SMT.PRINCY XAVIER,GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION      ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3467 OF 2021               2


                                P.V.ASHA, J.
                      ---------------------------------
                           WP(C) No.3467 of 2021
                       ----------------------------------
                  Dated this the 11th day of February, 2021

                                JUDGMENT

The grievance of the petitioners is that, Ext.P5 stay

petition filed along with appeal Ext.P4 is not accepted. The

learned counsel for the petitioners points out that even though

along with Ext.P4 appeal the petitioners have submitted

Ext.P5 application for stay, the Office of the 4 th respondent did

not accept the same, since they have sent it by registered

post. The appeal is filed against Ext.P3 notice issued by th 1 st

respondent under Section 5 of the Kerala Public Buildings

(Eviction of Unauthorised Occupants) Act, 1968.

Therefore, the Writ Petition is disposed of directing the

4th respondent to pass orders on the stay petition Ext.P5

within two days. Orders on the appeal shall be passed after

affording an opportunity of being heard to the petitioners

within a period of one month from the date of receipt of a

copy of the judgment.

Sd/-

P.V.ASHA JUDGE VPK

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THE HON'BLE PRINCIPAL MUNSIFF COURT,KOCHI DATED 22.11.2019 IN O.S.NO.429/2014.

EXHIBIT P2 TRUE COPY OF THE I.A.NO.14/2020 PREFERRED ON 22.2.2020 BY THE PETITIONERS BEFORE THE HON'BLE SUB COURT,KOCHI

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 21.1.2021,ISSUED BY THE 1ST RESPONDENT HEREIN U/S 5 OF THE KERALA PUBLIC BUILDINGS(EVICTION OF UNAUTHORISED OCCUPANTS)ACT,1968.

EXHIBIT P4 TRUE COPY OF THE APPEAL,NUMBERED AS L8-

387211/2021/TDCEKM,PREFERRED ON 3.2.2021 AGAINST EXHIBIT-P3 NOTICE,BEFORE THE 4TH RESPONDENT,BY THE PETITIONERS HEREIN.

EXHIBIT P5 TRUE COPY OF THE STAY PETITION BEARING DATED 3.2.2021,PREFERRED U/S 10(3) OF THE KERALA PUBLIC BUILDINGS (EVICTION OF UNAUTHORISED OCCUPANTS)ACT,1968 AND SEND OVER REGISTERED POST ON 5.2.2021 TO THE 4TH RESPONDENT,BY THE PETITIONERS HEREIN.

EXHIBIT P6 TRUE COPY OF THE PETITION BEARING DATED 5.2.2021,PREFERRED U/S 10(6) (C)OF THE KERALA PUBLIC BUILDINGS (EVICTION OF UNAUTHORISED OCCUPANTS)ACT,1968 TO ACCEPT EXHIBIT -P5 STAY PETITION.

EXHIBIT P7 TRUE COPY OF THE RLAD RECEIPT DATED 5.2.2021 BEARING NO.RL494213011IN, EVIDENCING THE SENDING OF EXHIBIT -P5 AND EXHIBIT -P6 PETITIONS TO THE 4TH RESPONDENT.