Kerala High Court
Hashim P A vs The State Of Kerala on 18 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
WP(C).No.3019 OF 2015(B)
PETITIONER:
HASHIM P A,
AGED 32,
S/O P.M. ALIAR, PARAMKUDIYIL HOUSE,
MUNNAR, IDUKKI DISTRICT,.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE TAHSILDAR
TALUK OFFICE, DEVIKULAM, IDUKKI-685001.
3 THE MUNNAR GRAMA PANCHAYATH
REPRESENTED BY ITS SSECRETARY,
MUNNAR P.O., IDUKKI DISTRICT-685001.
4 THE ASSISTANT ENGINEER
P W D BUILDINGS SECTION, MUNNAR,
IDUKKI-685001.
5 THE KERALA STATE ELECTRICITY BOARD
MUNNAR DIVISION, IDUKKI DISTRICT-685001.
R1 BY SRI.K J MOHD ANZAR, SPL GP FOR REVENUE
R5 BY ADVS. SMT.P.K.RADHIKA, SC, KSEB
SRI.N.RAPHY RAJ, SC, KSEB
SRI.ADV. SRI.N.SATHEESH, SC, KSEB
K S ARUNKUMAR, SC, KSEB
SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB
R3 BY SRI.ARUN THOMAS, SC, MUNNAR GRAMA
PANCHAYAT
SRI.SANTHOSH MATHEW
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.3019 of 2015 2
JUDGMENT
Dated this the 18th day of January, 2021
This writ petition has been filed praying for the following
reliefs:
i. Issue an writ of Mandamus or any other appropriate
writ, order or direction commanding the respondents not
to interfere in the possession of the property by the
petitioner or dispossess him after demolition of the
residential house, which is evidenced by Exts.P1 to P3, in
the interest of justice.
ii. To pass any such or further orders as the petitioner
may seek and this Hon'ble Court deem fit to grant.
2. From the pleadings in the writ petition it is clear that
the petitioner has no semblance of right over the property in
which he claims to be residing after constructing a house, though
he has obtained a certificate which enables him to obtain electric
connection to the premises. It is also to be noticed that according
to the revenue authorities the petitioner is not even residing at
the premises in question and it has been let out by him to
another person. Though there is a categorical statement in this
regard in the Counter Affidavit filed by the Deputy Tahsildar, Taluk
Office Devikulam, the petitioner has not chosen to deny this.
3. It is submitted before me by the learned Standing
Counsel appearing for the Kerala State Electricity Board Ltd.
(KSEB) that the land in question is belongs to the KSEB and is
required urgently for its activities. It is also stated that the
petitioner knowingly encroached into the land belonging to the
KSEB misusing his access on account of his engagement as a
caretaker of the Inspection Bungalow of the KSEB, on contract
basis.
4. Since the petitioner does not even plead any
semblance of right to occupy the land in question, I direct that
the petitioner shall forthwith hand over vacant possession of the
land and the building to the 2nd respondent within 2 weeks from
the date of receipt of a copy of this Judgment. If the petitioner
fails to do so it is open to the competent among the respondents
to evict him forthwith from the property in question without
initiating any further proceedings. Writ Petition is ordered
accordingly.
Sd/-
GOPINATH P.
JUDGE
DK
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE REGARD
ISSUED BY THE MUNNAR GRAMA PANCHAYATH
DATED 4.12.2014.
EXHIBIT P2 A TRUE COPY OF THE RATION CARD ISSUED
TO THE PETITIONER DATED 5.12.2011.
EXHIBIT P3 A TRUE COPY OF THE ELECTION IDENTITY
CARD ISSUED DATED 17.3.2009.
RESPONDENTS' EXHIBITS:
EXHIBIT R5(a) A TRUE COPY OF THE SURVEY SKETCH
RECEIVED FROM REVENUE DIVISIONAL OFFICER
EXHIBIT R5(b) A TRUE COPY OF THE REQUEST GIVEN TO THE
SUPERINTENDENT OF POLICE MUNNAR
EXHIBIT R5(c) A TRUE COPY OF THE LETTER GIVEN BY THE
DISTRICT COLLECTOR IDDUKKI DT.
04.08.2012.
EXHIBIT R5(d) A TRUE COPY OF THE PHOTOGRAPHS
