Fathima Shageer vs District Collector
2022 Latest Caselaw 6355 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE BASANT BALAJI
  FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                       W.P.(C) NO.34209 OF 2017
PETITIONER/S:

               FATHIMA SHAGEER, AGED 40 YEARS.
               W/O.SHAGEER .K, PALLIPARAMBIL HOUSE,
               KAYIKUDAM, SOUTH ADUVASSERY P.O,
               KUNNUKARA VILLAGE, NORTH PARAVOOR TALUK,
               ERNAKULAM DISTRICT 683 578.
               BY ADVS.
               SRI.VIJAI MATHEWS
               SRI.UNNIKRISHNAN.S.

RESPONDENTS:

    1          DISTRICT COLLECTOR, COLLECTORATE,
               KAKKANAD, ERNAKULAM, PIN-682 030.
    2          REVENUE DIVISIONAL OFFICER,
               OFFICE OF THE REVENUE DIVISIONAL OFFICER,
               FORT KOCHI, ERNAKULAM, PIN-682 001.
    3          VILLAGE OFFICER,
               VILLAGE OFFICE, KUNNUKARA,
               ERNAKULAM DISTRICT, PIN-683 578.
    4          SAINABA ABDUL KHADER,
               AGED 80 YEARS, W/O.ABDUL KHADER,
               UZHAVATH PALLIPARAMBIL, C/O.SAWAD, ALWIS,
               ELOOR VILLAGE, NOORAKKATTU LANE,
               UDYOGAMANDAL, ALUVA, PIN-683 501
               *PRESENT ADDRESS OF R4 ADDED
               SAINABA ABDUL KHADER, C/O.SAWAD.A, ALVIS,
               NEAR VANIYAKKADU JUMA MASJID, MANNAM P.O.,
               NORTH PARAVUR-683 520.
               (ADDED AS PER ORDER DATED 30.01.2018)
               BY ADV SRI.M.RISHIKESH SHENOY

        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   03.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.34209 of 2017

                                        2




                                 JUDGMENT

(Dated : 3rd June, 2022)

This writ petition is filed for quashing Ext.P1

order dated 21.06.2017 of the Maintenance Tribunal, Fort

Kochi, wherein, the respondent is the petitioner herein

was directed to move out of the house and to allow the

petitioner to stay in the house.

2. Brief case of the petitioner is as follows:

The petitioner and her family have been residing in

their house for the past 17 years having building

No.VI/230 (Old No.91B), situated in the property having

an extent of 3.500 cents of land, in survey No.668/1A of

Kunnukara Village, Ernakulam District. The 2 nd respondent

vide order dated 21.06.2017 directed the petitioner and

her family to vacate their house before 31.10.2017, and

to handover possession of the property to the 4 th W.P.(C) No.34209 of 2017

respondent.

3. Proceedings were initiated on the basis of a

complaint given by the petitioner's mother, who is the

4th respondent herein. The petitioner is the youngest

daughter of the 4th respondent. Her husband is working in

Gulf as a driver. The petitioner is residing with her

children aged 19 and 23 years respectively. The

petitioner submits that she had received notice from the

2nd respondent and entered appearance on 28.03.2017 and

the matter was referred for conciliation and when the

conciliation failed, the 2 nd respondent passed Ext.P1

order. The petitioner raised various other contentions

regarding the title of the 4 th respondent. The counsel

for the petitioner also submits that Ext.P1 order was

passed without providing opportunity to the petitioner

for filing a counter.

4. Be that as it may. Ext.P1 is the interim order

passed by the Tribunal directing the petitioner's to W.P.(C) No.34209 of 2017

vacate the house before 31.10.2017. This Court while

admitting the writ petition, stayed Ext.P1 stay order

and clarified that, if the 4 th respondent is desirous of

staying in the house, she shall be permitted to stay

there and the petitioner shall not cause any hurt to the

4th respondent.

5. Since Ext.P1 is an interim order, final order

has to be passed by the 2nd respondent after hearing both

the parties. This writ petition was filed in the year

2017 and for the last five years Ext.P1 is lying stayed

in this writ petition. In view of the matter, I am of

the opinion that the original complaint filed by the 4 th

respondent has to be disposed of by the 2 nd respondent

after hearing the affected parties.

In the result, the writ petition is disposed of

directing the 2nd respondent to take up Ext.P2 and

dispose of the same after giving opportunity of hearing

both the parties and pass final orders, within a period W.P.(C) No.34209 of 2017

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

the judgment, till that time, Ext.P1 shall be kept in

abeyance.

The writ petition is disposed of accordingly.

Sd/-

BASANT BALAJI, JUDGE ss W.P.(C) No.34209 of 2017

APPENDIX OF WP(C) 34209/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 21-06-2017 EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 1-12-2016 EXHIBIT P3 TRUE COPY OF THE REGISTERED DEED, DATED 19-11-2015 EXHIBIT P4 TRUE COPY OF THE ELECTORAL ID CARD ISSUED TO THE PETITIONER, DATED 22-1-2002 EXHIBIT P5 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER FROM THE KUNNUKARA CO- OPERATIVE BANK, DATED 8-7-2004 EXHIBIT P6 TRUE COPY OF THE OLD RATION CARD ISSUED IN THE NAME OF PETITIONER'S HUSBAND, DATED 24-12-2008 EXHIBIT P7 TRUE COPY OF THE NEW RATION CARD ISSUED IN THE NAME OF PETITIONER, DATED 15-3-

EXHIBIT P8 TRUE COPY OF THE AADHAR CARD ISSUED TO THE PETITIONER'S DAUGHTER, DATED 5-10-

EXHIBIT P9 TRUE COPY OF THE AADHAR CARD ISUED TO THE PETITIONER'S SON DATED 5-10-2017