Kerala High Court
Abdul Jabbar vs State Of Kerala on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 23001 OF 2017
PETITIONERS:
1 ABDUL JABBAR
AGED 60 YEARS
S/O. ALI, APPAZHAM HOUSE,ELOOR EAST, UDYOGAMANDAL,
2 AFSATH
W/O. ABDUL JABBAR, AGED 55, PANAMPILLY ROAD, APPAZHAM
HOUSE,PANAMPILLY ROAD, ELOOR EAST, UDYOGAMANDAL
BY ADVS.
SRI.K.M.SANAL
SRI.ANUP T PAUL
RESPONDENTS:
1 STATE OF KERALA
REP. BY PRINCIPAL SECRETARY,REVENUE DEPARTMENT
THIRUVANANTHAPURAM
2 THE DISTRICT COLLECTOR
ERNAKULAM
3 THE SPECIAL TAHSILDARLA
NATIONAL HIGHWAY NO.11, ALUVA. PIN-683101
4 THE VILLAGE OFFICER
KAKKANAD
5 THE TAHSILDAR
KANNAYANOOR TALUK
6 LEELU
D/O. GOPALAN NAIR, AGED 60, LLAMPATHU
VEEDU,NILAMPATHIJU MUGAL, RAJAGIRI VALLEY PO. PIN-
682039KAKANAD VILLAGE, KANAYANOOR TALUK
BY ADVS.
GOVERNMENT PLEADER
SMT.ACHU SUBHA ABRAHAM
SMT.AFSANA ASHRAF
SMT.V.T.LITHA
SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.23001 OF 2017
2
P.V.KUNHIKRISHNAN
---------------------
W.P.(C).No.23001 of 2017
---------------------------
Dated this the 11th day of March, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) To issue a writ of mandamus or other appropriate
writ, order or direction to set aside the Exhibit P11
or any other eviction proceedings against the
petitioners from 15 cents of puramboke property in
Sy No. 233/19 in Eloor Village till the rehabilitation in
the newly assigned property is complete.
ii) To issue a writ of mandamus or other appropriate
writ, order or direction directing the respondents to
'properly identify, locate, demarcate and give in
possession of 4 cents in Re. Sy No. 593/3 in
Kakkanad Village to the petitioners.
iii) To issue a writ of mandamus or other appropriate
writ, order or director directing respondents to
remove/demolish any illegal encroachments are
unauthorized occupation/constructions over the
assigned property.
iv) To grant such other reliefs as this Hon'ble Court
dreams fit." (SIC)
2. When this writ petition came up for consideration
on 12.07.2017, this Court passed the following order:-
"Admit. Learned Government Pleader takes
notice for respondents 1 to 5. Issue notice the 6th
respondent by speed post.
2. The petitioners were permitted to be
evicted from the Puramboke property, they occupy
on grant of six months' rent and on identification of
land for assignment as undertaken by the
W.P.(C) NO.23001 OF 2017
Government by Ext.P4 judgment. The judgment was
passed on 21.06.2015. The petitioner has been
continuing on one pretext or another and now
asserts that the land now assigned to him is claimed
by the 6th respondent also. In any event, this Court
had granted time of six months' for identification of
the property to be assigned and also directed
disbursement of reasonable rent during the period.
3. The expediency as expressed by the
learned Government Pleader is insofar as the
construction of a road and the petitioners
unauthorised construction being in the land which is
required for such approach road to the Pathalam
Regulator Cum Bridge. It is also seen from the
impugned order that the petitioner had sought for
further time and was granted time up to 15.07.2017.
Now, by Ext.P11 the petitioner has been allowed
Rs.36,000/- and has been asked to move out from
the property. If there is any grievance with respect
to the property sought to be assigned that shall be
decided in the writ petition. However, there is
absolutely no reason why the petitioner be
continued in the property. The petitioner shall be
disbursed with Rs.36,000/- as is seen from Ext.P11
and evicted from the property, immediately.
4. The issue of alternate land which is to be
assigned to the petitioner will be decided in the writ
petition. The petitioner shall be given a week's time
to give vacant possession of the property failing
which the petitioner shall be summarily evicted. The
Tahasildar, 5th respondent shall inspect the
property now assigned to the petitioners, remove all
encroachments and file report before this Court,
within one three month."
3. Based on the above order, a counter affidavit is
filed by the 3rd respondent. It will be better to extract
paragraph 5 of the counter affidavit, which reads as follows:-
"5. An extent of 1.62 Ares of land comprised in
Resurvey No.593 (Block 9) of Kakkanadu Village,
Kanayanoor Taluk, Ernakulam District was assigned
W.P.(C) NO.23001 OF 2017
to the petitioner herein and his wife Smt.Afsath, by
the 4th respondent and Patta bearing
No.LI.78696/14 dated 21.1.2017 was issued in the
joint name of the 1st petitioner and his wife
Smt.Afsath. This land was assigned to him for his
rehabilitation on being evicted from the 'Puramboke'
land in Eloor Village. True copy of the Patta bearing
No.LI.78696/14 dated 21.1.2017 is produced
herewith and marked as Exhibit R3(a)"
4. In the light of the above counter and also the
interim order dated 12.07.2017, no further order is need to
be issued.
Recording the above, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P.(C) NO.23001 OF 2017
APPENDIX OF WP(C) 23001/2017
PETITIONER EXHIBITS
EXHIBIT P1: THE TRUE COPY OF THE LETTER NO.L1-
78696/2014 ISSUED B7Y THE 2ND RESPONDENT TO
5TH RESPONDENT
EXHIBIT P2: THE TRUE COPY OF THE MAHAZAR PREPARED BY
THE 4TH RESPONDENT
EXHIBIT P3: THE TRUE COPY OF THE SKETCH PREPARED BY THE
4TH RESPONDENT
EXHIBIT P4: THE TRUE COPY OF THE JUDGMENT IN WPC
EXHIBIT P5: THE TRUE COPY OF THE GOVERNMENT ORDER
NO.541/2016/REVENUE DATED 18.10.2016
EXHIBIT P6: THE TRU COPYOF THE PATTA NO.L1-78696/2014
EXHIBIT P7: THE TRUE COPY OF THE NEW SKETCHISSUE DBY
THE 4TH RESPONDENT
EXHIBIT P8: THE PHOTO SHOWING THE PROPERTY AND THE SHED
EXHIBIT P9: THE TRUE COPY OF THE LETTER DATED 10.4.2017
ISSUED BY THE 1ST PETITIONER TO THE 2ND
RESPONDENT
EXHIBIT P10: THE TRUE COPY OF THE LETTER DATED
13.06.2017 ISSUED BY THE 1ST PETITIONER TO
THE 3RD RESPONDENT
EXHIBIT P11: THE TRUE COPY OF THE REPY LETTER DATED
22.6.2017 ISSUED BY THE 3RD RESPONDENT TO
THE 1ST PETITIONER
EXHIBIT P12: THE TRUE COPY OF RTI APPLICATION FILED BY
THE PETITIONERS BEFORE THE 2ND RESPONDENT
DATED 15.04.2017
EXHIBIT P13: THE TRUE COPY OF THE REPY LETTER DATED
08.05.2017 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONERS
