Jaseentha Mary vs State Of Kerala
2021 Latest Caselaw 2851 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                      WP(C).No.34341 OF 2015(P)


PETITIONER:

               JASEENTHA MARY
               AGED 62 YEARS
               D/O LATE A.D.CHACKO,
               RESIDING AT H.NO.MGP IX/1659A,
               MLAKUZHIYIL HOUSE, IKKA NAGAR,
               COLONYT ROAD, MUNNAR, PIN:685612,
               IDUKKI DISTRICT.

               BY ADV. SRI.N.M.VARGHESE

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY,
               REVENUE(R) DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM.

      2        THE DISTRICT COLLECTOR
               IDUKKI DISTRICT, COLLECTORATE,
               KUYILIMALA, IDUKKI.

      3        THE SUB COLLECTOR
               DEVIKULAM, DEVIKULAM P.O.,
               PIN:685613.

      4        THE TAHSILDAR
               DEVIKULAM TALUK, TALUK OFFICE,
               DEVIKULAM, PIN:685613.

      5        THE ASSISTANT ENGINEER
               KERALA STATE ELECTRICITY BOARD,
               OFFICE OF THE ASSISTANT ENGINEER,
               MUNNAR.

      6        THE ASSISTANT EXECUTIVE ENGINEER
               KERALA PUBLIC WORKS DEPARTMENT,
               OFFICE OF THE EXECUTIVE ENGINEER,
               PWD, MUNNAR, PIN:685612.
 WP(C).No.34341 OF 2015                  2


         7         THE SPECIAL TAHSILDAR
                   MUNNAR OFFICE OF THE SPECIAL TAHSILDAR,
                   IKKA NAGAR, COLONY ROAD, MUNNAR, PIN:685612.

                   R1-2 BY GOVERNMENT PLEADER
                   R1 BY ADV. SRI.T.R.RAJANSCK.S.E.B.
                   R5 BY ADV. SRI.T.R.RAJAN,SC,K.S.E.B.
                   ARUN KUMAR SC KSEB ARUN THOMAS SC MUNNAR
                   GRAMAPANCHAYATH K J MOHAMED ANZAR SPL GP REVENUE

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.34341 OF 2015                     3


                                  JUDGMENT

Dated this the 27th day of January 2021

The petitioner claims that she was assigned 4 cents of land

as per Ext.P1 proceedings dated 22.06.2001. Though the

petitioner has not been formerly issued with a patta, the

petitioner has been remitting tax, is the assertion of the

petitioner. It appears that the Revenue Authorities had noticed

illegal construction on Government land and had therefore

interdicted the petitioner from putting up any sort of

construction. It is alleged that the petitioner violated the

interdiction and again continued with the construction.

2. The land adjoining the land over which the petitioner

claims to have title is the land which belongs to the Kerala State

Electricity Board. The Electricity Board has also raised an

objection that the petitioner is trying to establish a pathway

through KSEB land to the KSEB road, and that for the said

purpose, the petitioner destroyed the fencing put up by the KSEB

around its property. This submission of the KSEB is strongly

refuted by the learned counsel for the petitioner.

3. The learned Special Government Pleader for the

Revenue Department, also contends that, despite the order of

status quo by this Court, when this writ petition was admitted,

the petitioner has affected further constructions and no action

has been taken regarding the same on account of the status quo

order.

4. Today when this matter was taken up for

consideration, the learned counsel for the petitioner submits that

the matter may be determined by the District Collector, Idukki.

The respondents have no objection. The petitioner shall file a

representation before the District Collector, Idukki, producing all

documents on the basis of which she claims that she has a right

to occupy the land in question. It appears that there is already a

proceeding pending before the District Collector by virtue of

Ext.P6 judgment of this Court. It is submitted that the

proceedings pursuant to Ext.P6 judgment has not been finalized

so far. It is open to the petitioner to produce the documents

relied on by her in the pending proceedings before the District

Collector, Idukki. It will be appropriate that the District Collector,

Idukki, finalises the proceedings as directed in Ext.P6, as

expeditiously as possible, at any rate within a further period of

three months from the date of receipt of a certified copy of this

judgment. While doing so, the District Collector, Idukki, shall also

examine the claim of the KSEB regarding their allegation that the

petitioner attempted to cut open a pathway through property

belonging to the KSEB. Therefore, the matter shall be decided by

the District Collector, Idukki, as aforesaid after issuing notice to

the petitioner and to the 5th respondent - Assistant Engineer,

Kerala State Electricity Board, Munnar.

Till a decision is taken in the matter by the District Collector,

status quo, shall be maintained. If the petitioner violates the

order of status quo either by putting up any additional

construction or cutting of any trees etc., it will be open to the

Revenue Authority to take appropriate action notwithstanding the

directions contained in this judgment.

It is made clear that, that any order passed by the District

Collector, Idukki, will be in strict compliance with the directions

issued in Ext.P6 judgment.

With the above directions this writ petition will stand

disposed of.

Sd/-

GOPINATH P.

VPK JUDGE

APPENDIX OF WP(C) 34341/2015 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A PHOTOCOPY OF THE ORDER OF ASSIGNMENT DATED 22.6.2001 PASSED BY THE 3RD RESPONDENT IN THE NAME OF THE PETITIONER.

EXHIBIT P2 A PHOTOCOPY OF FEE RECEIPT DATED 25.6.2001.

EXHIBIT P3 A PHOTOCOPY OF THE COMMUNICATION NO.PFRCD 1021/2004 DATED 22.12.2005 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 A PHOTOCOPY OF COMMUNICATION NO.PGRC 3232/04 DATED NIL ISSUED BY THE 2ND RESPONDNET IN MARCH 2006.

EXHIBIT P5 A PHOTOCOPY OF REPRESENTATION DATED 30.11.2007 SUBMITTED BY THE PETITIONER PERSONALLY BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 A PHOTOCOPY OF JUDGMENT DATED 10.10.2014 PASSED BY THIS HONOURABLE COURT IN WPC NO.19142 OF 2009(K).

EXHIBIT P7 A PHOTOCOPY OF NOTICE NO.C4-8600/2015 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.

EXHIBIT P8 A PHOTOCOPY OF THE OWNERSHIP CERTIFICATE NO.B6-5331/2013 DATED 19.10.13 ISSUED IN THE NAME OF THE PETITIONER.

EXHIBIT P9 A PHOTOCOPY OF NOTICE DATED 26.10.2015 ISSUED TO THE 7TH RESPONDENT WITH POSTAL RECEIPT.

EXHIBIT P9A A PHOTOCOPY OF ACKNOWLEDGMENT DUE CARD SHOWING RECEIPT OF EXHIBIT P9 NOTICE BY THE 7TH RESPONDENT