Kerala High Court
K. Abdulla vs The District Collector on 31 May, 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 26337 OF 2017
PETITIONER:
K. ABDULLA
S/O MOIDEENKUNHI, KANNADIKANA HOUSE,10/206, ENMAKJE
VILLAGE, PERLA, KASARGODE.
BY ADVS.
SRI.K.I.MAYANKUTTY MATHER
SRI.JOSE JOSEPH CHEMPLAYIL
SRI.P.P.RAMACHANDRAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
DISTRICT COLLECTORATE, KASARGODE - 671 121.
2 THE REVENUE DIVISIONAL OFFICER
KANHANGAD, KASARGOD - 671 121.
3 THE ADDITIONAL TAHSILDAR
TALUK OFFICE, KASARGODE - 671 121.
4 THE VILLAGE OFFICER
VILLAGE OFFICE, ENMAKAJE, KASARGODE - 671 552.
BY ADV GOVERNMENT PLEADER
BY ADV.
SRI. RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.26337 OF 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.26337 of 2017
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Dated this the 31st day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Call for the records of the case leading to the
issuance of Exts. P3, P5 and P6 orders and quash
the same by means of a writ of certiorari or other
appropriate writ or order;
ii) Issue a writ of mandamus or any other
appropriate writ or order directing the 3rd
respondent or such other competent authority under
the Kerala Land Assignment Act to take a final
decision in LA 199/2011 or upon Ext.P7
representation after conducting due enquiry to take
a decision to assign the subject land (5 cents
WP(C) NO.26337 OF 2017
comprised in 892/3 pt of Enmakaje Village) in the
favour of the petitioner.
(iii) Issue a writ of mandamus or any other
appropriate writ or order forbearing the respondents
from taking any steps to dispossess the petitioner
from the subject land (5 cents comprised in 892/3 pt
of Enmakaje Village) in pursuance of Exts. P3, P5
and P6 orders.
(iv) Grant such other reliefs that this Hon'ble Court
deem fit to grant under the facts and circumstances
of the case." SIC
2. According to the petitioner, he is a landless
person in occupation of 5 cents comprised in Re-
Survey No.892/3 of Enmakaje Village. The petitioner
had put up a small house therein and are residing
there with his family for the last 8 years is the
WP(C) NO.26337 OF 2017
submission. It is also submitted that the petitioner
had obtained Ration Card, Electricity connection and
Voters ID in the said house address comprised in Re-
Survey No.892/3 of Enmakaje Village. The 3rd
respondent issued an order under the Kerala Land
Conservancy Act to dispossess the petitioner from the
subject land stating that the subject land is required
for Commercial Tax Check Post and that the
petitioner had encroached upon the said land illegally
and he is liable to be evicted. The petitioner filed
appeal before the second respondent. The 2nd
respondent without considering the contentions of the
petitioner rejected the appeal as evident by Ext.P5, is
the submission. Thereafter, the revision filed by the
petitioner is also dismissed as evident by Ext.P6. Now,
WP(C) NO.26337 OF 2017
the petitioner submitted that, his application for
assignment of the property as evident by Ext.P7, was
pending and at that time, there was action to evict the
petitioner and hence, this writ petition is filed.
3. Heard the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. When this writ petition came up for
consideration on 09.08.2017, this Court stayed the
impugned order and the interim order was extended
until further orders on 04.10.2017 and the interim
order is in force even now. Since the petitioner
submitted an application for assignment as evident by
Ext.P7, without expressing anything on merit, there
can be a direction to consider Ext.P7, within a time
frame and till then, the interim order can continue.
WP(C) NO.26337 OF 2017
5. The petitioner has got a case that the fine
imposed in Ext.P3 is without considering proviso to
Section 7(a) of the Land Conservancy Act. But, a
perusal of the same would show that, that is
applicable only to the persons who are occupying the
Government Land as on the date of commencement of
the Act. Admittedly the petitioner was in possession of
the property only for a period of 8 years as on the date
of filing the writ petition. Therefore, that Clause is not
applicable in this case. But, there can be a direction
to consider the application of the petitioner for
assignment of the land.
Therefore, this writ petition is disposed of with
the following directions;
1. Respondent No.3 is directed to consider and
WP(C) NO.26337 OF 2017
pass appropriate orders in Ext.P7, after giving
an opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within a
period of three months from the date of receipt
of a copy of this judgment.
2. Till final orders are passed in Ext.P7, all
further proceedings to evict the petitioner shall
be deferred.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.26337 OF 2017
APPENDIX OF WP(C) 26337/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RATION CARD OF THE
PETITIONER DATED NIL.
EXHIBIT P1(A) TRUE COPY OF THE RECEIPT EVIDENCING
PAYMENT OF ENERGY CHARGES DATED
12.5.2017.
EXHIBIT P1(B) TRUE COPY OF THE VOTERS ID OF THE
PETITIONER DATED NIL.
EXHIBIT P1(C) PHOTOGRAPHS OF THE HOUSE AND SUBJECT
SITE.
EXHIBIT P2 TRUE COPY OF THE REPLY FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
DATED 5.11.2012.
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE 3RD
RESPONDENT DATED 20.7.2013.
EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 27.8.2013.
EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT REJECTING THE APPEAL FILED BY
THE PETITIONER DATED 15.1.2015.
EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE 1ST
RESPONDENT DATED 28.1.2016.
EXHIBIT P7 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER FOR ASSIGNMENT OF 5 CENTS LAND
COMPRISED IN 892/3 PT OF ENMAKAJE VILLAGE
DATED 31.7.2017.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
