Kerala High Court
Annamma Thomas vs State Of Kerala, Represented By The ... on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 8241 OF 2024
PETITIONER:
ANNAMMA THOMAS
AGED 85 YEARS
CHERUMMOOTTIL HOUSE, PARAMPUZHA P. O., MOSCO KAVALA,
KOTTAYAM TALUK, KOTTAYAM DISTRICT., PIN - 686032
BY ADVS.
P.T.MOHANKUMAR
MISHAL M.DASAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.,
PIN - 695001
2 THE DISTRICT COLLECTOR, KOTTAYAM
COLLECTORATE, KOTTAYAM., PIN - 686001
3 THE ASSISTANT EXECUTIVE ENGINEER
ROADS SUB DIVISION, PUBLIC WORKS DEPARTMENT, KOTTAYAM.,
PIN - 686001
4 THE REVENUE DIVISIONAL OFFICER, KOTTAYAM
COLLECTORATE, KOTTAYAM., PIN - 686001
OTHER PRESENT:
SR.GP - DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.8241 of 2024 2
VIJU ABRAHAM,J
-------------------
W.P.(C).No.8241 of 2024
----------------------------------
Dated this the 3rd day of April, 2024
JUDGMENT
Petitioner has approached this Court seeking
to quash Ext.P4 notice and for a direction to the
4th respondent to consider Ext.P5 application for
assignment of land within a time limit to be fixed
by this Court.
2. The petitioner's husband was the owner of 3
cents of land comprised in Re-survey No.382/1 in
Vijayapuram Village, Kottayam Taluk, who purchased
it as per a sale deed. A notice dated 12.11.2015
was issued directing the petitioner to surrender
possession of a portion of the aforesaid property
alleging that the same is in her unauthorized
occupation. Challenging the same a suit was filed,
but the same was dismissed. Though appeal and
second appeal were filed, all ended up in
dismissal. The SLP filed before the Apex Court was
also dismissed. Thereafter, Ext.P4 notice for
eviction was issued to the petitioner. Petitioner
submits that she is aged 85 years and she was laid
up for a considerably long time. Petitioner
submits that she has preferred Ext.P5 application
for assignment which is stated to be pending
consideration before the 4th respondent.
3. The learned Government Pleader upon
instructions submitted Ext.P4 notice was issued to
evict the encroachment in view of the dismissal of
the appeal filed before the Apex Court.
After hearing both sides, I am inclined to
dispose of the writ petition with a direction to
the 4th respondent to take up Ext.P5 application
submitted by the petitioner and pass appropriate
orders thereon in accordance with law,
specifically taking into consideration Rule 4 of
Assignment of Land within Municipal and
Corporation Areas Rules,1995, after affording an
opportunity of being heard to the petitioner,
within an outer limit of 4 months from the date of
receipt of a copy of the judgment. Since Ext.P4
has been issued subsequent to the dismissal of the
appeal preferred by the petitioner, I am not
interfering with the same.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 8241/2024
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE JUDGMENT IN W. P. [C]
18762/2015 PASSED BY THIS HONOURABLE
COURT DATED 18-09-2015
Exhibit P- 2 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN RSA 394/2023, DATED
21-11-2023
Exhibit P-3 TRUE COPY OF THE JUDGMENT IN WP [C]
NO.44317/2023, PASSED BY THIS
HONOURABLE COURT, DATED 03-01-2024,
Exhibit P-4 TRUE COPY OF THE NOTICE/ORDER ISSUED BY
THE RESPONDENT NO.3 NO.KS/D1/207/2018,
DATED 12-02-2024,
Exhibit P-5 TRUE COPY OF THE APPLICATION FOR
ASSIGNMENT ALONG WITH THE POSTAL
RECEIPT, DATED 21-02-2024
