Kerala High Court
Nabeesa vs State Of Kerala on 27 March, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 8470 OF 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 8470 OF 2013
PETITIONER/S:
1 NABEESA
AGED 36 YEARS
W/O.LATE BAPPU ALIAS PAREEKKUTTY (AGED 68 YEARS),
KODUVANPARAMBIL VADAKKETHIL HOUSE, KOTTACHIRA
AMSOM, OTTAPPALAM TALUK, PALAKKAD-679535.
2 MUHAMMED
AGED 88 YEARS
S/O.KUNHAUDAL, KODUVANPARAMBIL VADAKKETHIL HOUSE,
KOTTACHIRA, OTTAPPALAM TALUK, PALAKKAD-679535.
3 FATHIMA
AGED 50 YEARS
D/O.LATE BAPPU ALIAS PAREEKKUTTY, KODUVANPARAMBIL
VADAKKETHIL HOUSE, KOTTACHIRA, OTTAPPALAM TALUK,
PALAKKAD-679535.
4 AISHA
AGED 48 YEARS
D/O.LATE BAPPU ALIAS PAREEKKUTTY, KODUVANPARAMBIL
VADAKKETHIL HOUSE, KOTTACHIRA, OTTAPPALAM TALUK,
PALAKKAD-679535.
5 RAMLA
AGED 42 YEARS
D/O.LATE BAPPU ALIAS PAREEKKUTTY, KODUVANPARAMBIL
VADAKKETHIL HOUSE, KOTTACHIRA, OTTAPPALAM TALUK,
PALAKKAD-679535.
6 NASIR
AGED 38 YEARS
WP(C) NO. 8470 OF 2013 2
S/O.LATE BAPPU ALIAS PAREEKKUTTY, KODUVANPARAMBIL
VADAKKETHIL HOUSE, KOTTACHIRA, OTTAPPALAM TALUK,
PALAKKAD-679535.
7 NASEEMA
AGED 36 YEARS
D/O.LATE BAPPU ALIAS PAREEKKUTTY, KODUVANPARAMBIL
VADAKKETHIL HOUSE, KOTTACHIRA, OTTAPPALAM TALUK,
PALAKKAD-679535.
BY ADVS.
SRI.N.SUBRAMANIAM
SRI.P.T.GIRIJAN
SRI.M.S.NARAYANAN
SMT.USHA NARAYANAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-1.
2 DISTRICT COLLECTOR
THRISSUR DISTRICT, COLLECTORATE, THRISSUR-680003.
3 THE TAHSILDAR
THALAPPILLY TALUK, THRISSUR DISTRICT-680582.
4 VILLAGE OFFICER
PERUMPILAVU VILLAGE, THRISSUR DISTRICT-680519.
5 NASEER
S/O.LATE BAPPU ALIAS PAREEKKUTTY, KODUVANPARAMBIL
VADAKKETHIL HOUSE, KOTTACHIRA, OTTAPPALAM TALUK,
PALAKKAD-679535.
BY ADVS.
GOVERNMENT PLEADER
WP(C) NO. 8470 OF 2013 3
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 8470 OF 2013 4
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 8470 of 2013
--------------------------------------
Dated this the 27th day of March, 2024
JUDGMENT
The above writ petition is filed with following prayers :
(i) "Issue a writ of mandamus, directing the respondents
not to enter into the properties owned and possessed by the
petitioners under Exhibits P1, P2 & P3, sale deeds and
situated in Sy. Nos. 662, 663, 668 and 669 of Perumpilavu
Village, Thalappilly Taluk, Thrissur District, or to measure the
properties, or interfere with the possession and enjoyment of
their properties under any guise or reason without any orders,
either from the Land Tribunal, Thrissur in r.c. 1/2010 OR
2/2010, or from the Sub Court, Thrissur in O.S. 756/2010,
with notice to the petitioners and after hearing the
petitioners.
(ii) Pass such other orders which this Hon'ble Court deems
fit to pass in the facts and circumstances of the case." [sic]
2. The main prayer in this writ petition is to issue
direction to respondents not to enter into the properties
owned and possessed by the petitioners and measure the
properties or interfere with the possession and enjoyment of
the properties under the guise of any reason without any
orders either from the Land Tribunal, Thrissur in the pending
matter or from the Sub Court, Thrissur in OS No. 756/2010.
Admittedly, no orders are passed by the Land Tribunal and the
Sub Court as on the date of filing the writ petition. If any
orders are passed by the Land Tribunal or the civil court, the
authorities concerned will obey the same. If there is any fresh
cause of action, the petitioners are free to agitate the same
separately.
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 8470/2013
RESPONDENT ANNEXURES
ANNEXURE R2(a) TRUE COPY OF THE HEARING NOTICE DATED
07.09.2023.
Exhibit R3(a): A true copy of the Revised order No.TLB (SM)
238/TPY dated 03.10.2009 of TLB, Talappilly.
Exhibit R3(b): A true copy of the Revised order No.TLB (SM)
239/TPY dated 03.10.2009 of TLB, Talappilly.
Exhibit R3(c): True copy of the Mahazar dated 2.01.2010 of
Perumbilavu Village
Exhibit R3(d): True copy of the Mahazar dated 01.01.2010 of
Arthat Village
Exhibit R3(e): A true copy of the notification dated the
District Collector, Thrissur.
Exhibit R3(f): A true copy of the judgment dated 06.01.2010
PETITIONER ANNEXURES
Exhibit P1-Photostat copy of Sale deed No. 935/75 dated
24..05..1975 in the name of the 1st Petitioner.
Exhibit P2. Photostat copy of Sale deed No. 933/75 dated
24..05..1975 in the name of the 2nd Petitioner.
Exhibit P3, Photostat copy of Sale deed No. 934/75 dated
24..05..1975 in the name of Bapu alias Pareekutty.
predecessor of petitioners 3 to 7.
Exhibit P4 (a), (b), (c), (d), (e), & (f). - Tax receipts
dated 26..07..2008, 26..07..2008, 30..10..2006, 30..10..2006,
11..07..2005 & 11..07..2005 obtained in the names of
petitioners.
Exhibit P5. True copy of R.C. 1/2010 dated 05..02..2010 on
the file of Land Tribunal Trichur files by the 1" Petitioner
EXT.P6 TRUE COPY OF LETTER DATED 16.1.2013 FROM RUBBER
BOARD REGIOINAL OFFICE TO THE 1ST PETITIONER ALLOWING SUBSIDY
RECEIVED ON 3.7.2013
EXT.P7 TRUE COPY OF LETTER DATED 16.1.2013 FROM RUBBER
BOARD REGIOANL OFFICE TO THE 2ND PETITIONER ALLOWING SUBSIDY
RECEIVED ON 3.7.2013
