Navamani [email protected] vs State Of Kerala
2021 Latest Caselaw 2917 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.11176 OF 2014(V)


PETITIONER:

               NAVAMANI [email protected]
               AGED 58 YEARS
               W/O.LATE JUNIS DHANASEKHAR,
               RESIDING AT IKKA NAGAR,
               NEW COLONY, MUNNAR, PIN-685612.

               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, PIN-685613.

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

      5        THE SPECIAL TAHSILDAR LAND ASSIGNMENT
               NIRMITHY KENDRA BUILDING, DEVIKULAM, PIN-685613.

               R1-2 BY GOVERNMENT PLEADER
               REKHA C NAIR GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11176 OF 2014

                                      2


                                JUDGMENT

Dated this the 27th day of January 2021

This writ petition is filed apprehending eviction from

property allegedly in occupation of petitioner, and in respect of

which an application for assignment (Ext.P9) has been filed by

the petitioner. The petitioner has also filed Ext.P10 representation

seeking an expeditious adjudication of the application for

assignment. This writ petition was admitted on 22.04.2014, and

by order dated 22.07.2014, it was directed that, if the petitioner

is in possession of property in question status quo shall be

maintained.

2. The learned counsel for the petitioner asserts that the

petitioner is still in possession of the property in question and

further that Ext.P9 application for assignment has not been

adjudicated till date.

This writ petition is therefore disposed of directing the

District Collector, Idukki to consider and pass orders on Ext.P9

application for assignment, submitted by the petitioners, as

expeditiously as possible and at any rate, within a period of three WP(C).No.11176 OF 2014

months from the date of receipt of a copy of this judgment. Till a

decision is taken on Ext.P9 application, status quo as on today

shall be maintained.

Sd/-

GOPINATH P.

VPK JUDGE WP(C).No.11176 OF 2014

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 P1: COPY OF DEATH CERTIFICATE OF THE HUSBAND OF THE PETITIONER.

EXHIBIT P2 P2: COPY OF CERTIFICATE OF POSSESSION 952/95 DATED 28.6.1996 CONCERNING THE PROPERTY ISSUED IN THE NAME OF THE PETITIONER.

EXHIBIT P3 P3: COPY OF RELEVANT PAGES OF THE OLD RATION CARD OF THE FAMILY OF THE PETITIONER.

EXHIBIT P4 P4: COPY OF RELEVANT PAGES OF THE RATION CARD NO.1629047523 OF THE FAMILY OF THE PETITIONER.

EXHIBIT P5 P5: COPY OF JUDGMENT OF THIS HONOURABLE COURT DATGED 15.12.2010 PASSED IN WPC.NO.15144/2010.

EXHIBIT P6 P6: COPY OF NOTICE NO.C4-23376/2010 DATED 28.4.2011 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 P7: COPY OF IMPUGNED ORDER NO.C4-23376/2010 DATED 4.8.2011.

EXHIBIT P8 P8: COPY OF GOVERNMENT ORDER NO.

(MS)394/08/REVENUE DATED 20.11.2008 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 P9: COPY OF APPLICATION DATED 5.11.2013 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P10 P10: COPY OF REPRESENTATION DATED 5.2.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AT HIS OFFICE.

EXHIBIT P11 P11: COPY OF INTERIM ORDER PASSED BY THIS HONOURABLE COURT DATED 18.12.2013 IN WPC.NO.31256/2013.