Sheheera vs State Of Kerala
2021 Latest Caselaw 13091 Ker

WP(C) NO. 11991 OF 2021      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                    WP(C) NO. 11991 OF 2021
PETITIONERS:

    1     SHEHEERA
          AGED 44 YEARS
          W/O.NASARULLA SHEREEF, KADAVATHAKATH HOUSE,

          SOUTH PUTHUVYPPU, PIN-682 508.

    2     SUNITHA,
          AGED 39 YEARS
          W/O.MAJEED, POONJATTUPARAMBU HOUE, SOUTH PUTHUVYPPU,
          PIN-682 508.

    3     SHANI.K.B.
          AGED 30 YEARS
          W/O.ABU THAHIR, CHULLIPARAMBIL PUTHENVEEDU HOUSE,
          SOUTH PUTHUVYPPU, PIN-682 508.

    4     SAJEENA,
          AGED 38 YEARS
          W/O.IFTHIKKAR AHAMMED, APPAPPULLA HOUSE,

          SOUTH PUTHUVYPPU, PIN-682 508.

          BY ADVS.
          JOHN K.GEORGE
          M.B.SHYNI
          RAMEES P.K.



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

    2     THE DISTRICT COLLECTOR, ERNAKULAM,
          COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT,

          PIN-682 030.
 WP(C) NO. 11991 OF 2021      2

    3     THE TAHSILDAR, KOCHI TALUK OFFICE,
          FORT KOCHI, ERNKAULAM DISTRICT, PIN-682 001.

    4     THE VILLAGE OFFICER, PUTHYVYPPU VILLAGE,
          PUTHUVYPPU P.O., VYPIN, ERNAKULAM, PIN-682 508.




          SMT AMMINIKUTTY, GOVERNMENT PLEADER



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11991 OF 2021               3

                                   JUDGMENT

Challenging Exhibit P3 orders passed by the Tahsildar, Kochi Taluk

invoking Section 11 of the Land Conservancy Act, 1957, ordering summary

eviction of the petitioners from Government Puramboke Land comprised in

Block No.10 in Re Sy No.342/2013 of Puthuvypu Village, the petitioners have

approached the District Collector and have filed Exhibit P5 Appeal. The

grievance of the petitioners is that pending consideration of the Appeal, the

respondents are initiating expeditious steps to evict them from the property.

Their prayer in this writ petition is for a direction to the 2nd respondent to

consider the Appeal as well as the Stay petition in an expeditious manner and

to keep in abeyance the eviction proceedings till the said exercise is

completed.

2. Sri John K. George, the learned counsel appearing for the

petitioners submitted that the petitioners are ladies with no place to call their

own. They are working as housemaids to make both ends meet. They have

managed to construct a hut in puramboke land and are residing with their

family in miserable conditions. The income earned by the family is meagre and

is not at all sufficient to enable them to rent out a house. If the petitioners are

evicted when the pandemic is ravaging the State and without considering their

sad and precarious conditions, they and their family will be forced to live by

the wayside. The learned counsel submitted that the petitioners have made

out a good case on merits and sought for issuance of necessary directions to

the 2nd respondent to expedite the hearing and also to keep the eviction

proceedings in limbo, in the meanwhile.

3. I have heard the learned Government Pleader and I have

considered the submissions.

4. Exhibit-P5 is the appeal filed by the petitioners under Section 16

of the Land Conservancy Act, 1957. The same is stated to be pending. In that

view of the matter, necessary directions can be issued to the respondents to

keep the eviction proceedings initiated against the petitioners pending, till

Exhibit P5 appeal is taken up and disposed of finally.

Resultantly, this Writ Petition is disposed of directing the 2nd

respondent to consider and pass orders on Exhibit-P5 appeal, with notice to

the petitioners, expeditiously, at any rate within a period of three months from

the date of production of a copy of this Judgment. Until final orders are passed

in Exhibit P5, the petitioners shall not be dispossessed from the property

covered under Exhibit P5 appeal.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 11991/2021

PETITIONER'S EXHIBITS:

TRUE COPIES OF THE APPLICATIONS FOR Exhibit P1(4 in ASSIGNMENT SUBMITTED BY THE PETITIONERS number) BEFORE THE 3RD RESPONDENT ON 09/03/2021

Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER DATED 15.03.2021.

Exhibit P3 A TRUE COPY OF THE ORDER DATED 20.04.2021 SERVED ON THE 1ST PETITIONER.

Exhibit P4 A TRUE COPY OF THE REPLY SUBMITTED BY THE 1ST PETITIONER TO THE EVICTION NOTICE DATED 26.04.2021.

Exhibit P5 A TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 29.04.2021.

Exhibit P6 A TUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 2ND RESPONDENT DATED 03.05.2021.

RESPONDENTS' EXHIBITS:

NIL