Kerala High Court
K S Joseph vs The State Of Kerala on 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
WP(C) NO. 11965 OF 2023
PETITIONER:
K S JOSEPH
AGED 91 YEARS
S/O SKARIAH,
KANNANTHURUTHIL HOUSE, PARIYARAM P O,
KOTTAYAM DISTRICT., PIN - 686021
BY ADVS.
P.CHANDRASEKHAR
C.RAMAN
JENNY THANKAM
ANOOP KRISHNA
ANAND SANKAR
REGIMOL M.K.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY HOME SECRETARY TO GOVERNMENT OF KERALA,
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DISTRICT COLLECTOR
KOTTAYAM, KUMILY ROAD,
COLLECTORATE, KOTTAYAM, KERALA, PIN - 686002
3 THE SUB COLLECTOR
KOTTAYAM, KUMILY ROAD,
COLLECTORATE, KOTTAYAM, KERALA., PIN - 686002
4 THE TAHSILDAR
CHANGANASSERY TALUK,
KOTTAYAM DISTRICT, PIN - 686101
5 THE VILLAGE OFFICER
THOTTAKKAD,
WP(C) No.11965 of 2023
-:2:-
KOTTAYAM DISTRICT, PIN - 686539
BY ADV
VIDYA KURIAKOSE
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.11965 of 2023
-:3:-
P.V.KUNHIKRISHNAN, J.
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WP(C) No.11965 of 2023
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Dated this the 22nd day of June, 2023
JUDGMENT
The writ petition is filed with following prayers:
i) "Issue a writ of mandamus or other writ, order
or direction directing the respondents 2 to 4 to
give vacant possession of the building of the
petitioner bearing No.8/188 in Vakathanam
Grama Panchayath without any delay, forthwith.
ii) Exempt the petitioner from filing English
translation of documents in vernacular
language; and
iii) Pass such further orders as this Honourable
Court may be pleased to grant on the facts and
circumstances of the case." [SIC]
2. Petitioner is the owner of a building bearing No.8/188 In
Ward No.8 of Vakathanam Grama Panchayath. Said building had
been rented out to M/s. Mary Rani Popular Nidhi Ltd. It is
submitted that, the District Collector and the Sub Collector,
Kottayam, had directed the Tahsildar, Changanassery, to seal and
WP(C) No.11965 of 2023
take over the buildings which had been used by the aforesaid
finance company for running their business. It is submitted that,
the said building have been taken possession by the Tahsildar,
Changanassery. It is also submitted by the petitioner that, in other
Districts also similar buildings were taken possession of. But, the
said building except the building of the petitioner have been
returned back to the respective owners. The petitioner also relied
in the judgment of this Court dated 09.11.2021 in
W.P.(C).No.18699 of 2021. Hence, this writ petition.
3. Heard the learned counsel for the petitioner as well as the
learned Government Pleader.
4. After hearing both sides, I am of the considered opinion
that, this is a matter to be looked into by the 1 st respondent. The
petitioner already submitted a representation as evident by Ext.P8.
The 1st respondent will consider the same immediately and take
necessary steps to return the vacant possession of the building to
the petitioner if, there is no other legal impediments.
5. Therefore, this writ petition is disposed of with following
directions.
i. The 1st respondent is directed to consider and
pass appropriate orders in Ext.P8, after giving
an opportunity of hearing to the petitioner, as
expeditiously, as possible at any rate, within
WP(C) No.11965 of 2023
'two months' form the date of receipt of a
copy of this judgment.
ii. Petitioner will produce a certified copy of this
judgment along with copy of this writ petition
before the 1st respondent for compliance.
This writ petition is disposed of as above.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
jka/22.06.23.
WP(C) No.11965 of 2023
APPENDIX OF WP(C) 11965/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED
24.08.2021 ISSUED BY THE VILLAGE OFFICER,
THOTTAKKAD TO THE PETITIONER IN RESPECT
OF LAND IN SY NO.249/1-1-1.
Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE
CERTIFYING THAT THE BUILDING NO.188 IN
WARD NO.8 (OLD NO.281/C IN WARD 6).
ISSUED BY VAKATHANAM PANCHAYAT TO THE
PETITIONER DATED 10.10.2022.
Exhibit P3 A TRUE COPY OF THE LEASE AGREEMENT DATED
16.3.2017 BETWEEN THE PETITIONER AND M/S.
MARY RANI POPULAR NIDHI LTD.
Exhibit P4 A TRUE COPY OF THE MAHAZAR DATED
30.10.2020 OF THE TAHSILDAR,
CHANGANASSERY.
Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE SECRETARY O VAKATHANAM GRAMA
PANCHAYAT CERTIFYING THAT ROOM NO.8/159
DOES NOT BELONG TO THE PETITIONER DATED
3.01.2023.
Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 9.
11.2021 IN WP(C) NO.18699 OF 2021.
Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED
25.02.2023 OF THE PETITIONER TO THE
RESPONDENTS 2 TO 5.
Exhibit P8 TRUE COPY OF THE APPLICATION DATED
20.05.2023 PREFERRED BY THE PETITIONER TO
THE HOME SECRETARY, GOVERNMENT OF KERALA.
Exhibit P9 TRUE COPY OF THE RECEIPT DATED 25.05.2023
ISSUED TO THE PETITIONER.
Exhibit P10 TRUE COPY OF THE ACKNOWLEDGMENT DUE DATED
27.05.2023 EVIDENCING THE RECEIVAL OF
WP(C) No.11965 of 2023
APPLICATION BY THE HOME SECRETARY,
GOVERNMENT OF KERALA
