Kerala High Court
Marykutty vs State Of Kerala on 1 July, 2025
2025:KER:47828
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 22421 OF 2025
PETITIONERS:
1 MARYKUTTY
AGED 57 YEARS
W/O BABU,72(64/67), CHERICKAL HOUSE, M.M.ROAD,
ERNAKULAM, PIN - 682018
2 K.K.YESODHA
AGED 74 YEARS
W/O DAMODARAN , VISHNU BHAVAN, E.R.G COLONY, MATHAI
MANJOORAN ROAD, ERNAKULAM, PIN - 682012
3 SELIN SEBASTIAN
AGED 81 YEARS
W/O SEBASTIAN, PANIKKASSERY HOUSE, M M ROAD,
E R G COLONY, ERNAKULAM, PIN - 682018
4 H.D.HARI
AGED 65 YEARS
S/O DAMODARAN, MAHAJANAVALI PARAMBU, M M ROAD,
ERNAKULAM, PIN - 682018
5 SUPRABHA
AGED 64 YEARS
W/O MOHANAN , 64/56/UAT, SREE KOVIL HOUSE, ERG
M.N.ROAD, ERNAKULAM, PIN - 682018
6 RAJAN
S/O KUMARAN, 64/44,PALAPARAMBU HOUSE ,ERG
ROAD,ERNAKULAM-, PIN - 682018
7 ALAMELU
AGED 63 YEARS
W/O PALANYSWAMY S.P, 64/53 ,UAT , POOTHULYPARAMBU,
M.M ROAD, ERG COLONY , ERNAKULAM, PIN - 682018
W.P.(C)No. 22421 of 2025
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2025:KER:47828
8 PANKAJAVALLI
AGED 64 YEARS
W/O KUNJUPANICKER,64/66/UAT, MM ROAD, ERG
COLONY,ERNAKULAM, PIN - 682018
9 PUSHPAVALLI
AGED 75 YEARS
W/O KRISHNAMOORTHY, MANIYATH PARAMBIL HOUSE ,
ERG ROAD, ERNAKULAM, PIN - 682018
0 CHRISTOPHER
AGED 53 YEARS, S/O K K JOSEPH, 594,
KNJIRATHINKAL HOUSE , GOLDEN STREET ROAD,
VADUTHALA, ERNAKULAM, PIN - 682023
11 BEEVATHU
AGED 75 YEARS
W/O HAMEED , CC66VALP , 180 (12) , PARIMATTATHIL
HOUSES, M M ROAD , ERNAKULAM, PIN - 682018
12 AARIFA
AGED 59 YEARS, W/O C M BASHEER,
THEKKEKOLLAM PARAMBIL HOUSE, DOOR
NO.46/66/UAT/59, COMBARA ERNAKULAM, PIN - 682018
13 KAMALA K.K
AGED 76 YEARS
64 UAT/59, MALIYECKAL PARAMBU , M M ROAD ,
ERNAKULAM, PIN - 682018
BY ADVS.
SHRI.NIDHEESH T.P
SMT.SWETHA P. DILEEP
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
COLLECTORATE, KAKKANADU, ERNAKULAM, PIN - 682030
W.P.(C)No. 22421 of 2025
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2025:KER:47828
3 CORPORATION OF KOCHI
REPRESENTED BY ITS SECRETARY, MAIN BUILDING,
BOAT JETTY ROAD, KOCHI, PIN - 682016
4 LAND REVENUE COMMISSIONER
PUBLIC OFFICE BUILDING,OPP.MUSEUM,
THIRUVANANTHAPURAM, PIN - 695033
5 AREA MANAGER
SOUTHERN RAILWAY, SOUTH RAILWAY STATION ROAD,
ERNAKULAM, PIN - 682011
6 DIVISIONAL MANAGER
THIRUVANANTHAPURAM DIVISION, SOUTHERN RAILWAY,
THIRUVANANTHAPURAM, PIN - 695001
7 THE ESTATE OFFICER/ADDITIONAL DIVISIONAL RAILWAY
MANAGER
THIRUVANANTHAPURAM DIVISION, SOUTHERN RAILWAY,
THIRUVANANTHAPURAM, PIN - 695003
8 GENERAL MANAGER
SOUTHERN RAILWAYS, HEAD QUARTERS, RAILWAY
DIVISION, CHENNAI, PIN - 695003
BY ADVS.
SHRI.D.G.VIPIN
SHRI.K.ARJUN VENUGOPAL, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No. 22421 of 2025
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J U D G M E N T
Dated this the 1st day of July, 2025
Petitioners are residing in E.R.G. Colony, Mathai Manjooran
Road, adjacent to old Railway Station, Ernakulam.
Petitioners claim that they have been residing there for
the past more than five decades. Ext.P8 is a proposal to
allot the said land to persons including the petitioners.
Ext.P10 is a representation preferred by them for
enforcement of Ext.P8 before the 2 nd respondent/District
Collector. The petitioner seeks the said representation to
be considered, in accordance with law.
2. None of the respondents have any objection in Ext.P10
representation being considered by the 2 nd respondent as
per law.
3. In the circumstances, there will be a direction to the
2nd respondent to consider and pass orders in Ext.P10
representation, in accordance with law, within a period of
three months from the date of receipt of a copy of the
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2025:KER:47828
judgment. Petitioner will produce a copy of the judgment
before the 2nd respondent, for compliance. Needless to say
that, the petitioners, as also, the other persons, if any,
affected, will be heard before a decision is taken in
Ext.P10 representation.
The Writ Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
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2025:KER:47828
APPENDIX OF WP(C) 22421/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPIES OF THE RATION CARD ISSUED
BY THE 2ND RESPONDENT TO SOME OF THE
PETITIONERS
Exhibit P2 TRUE COPIES OF THE ELECTORAL IDENTITY
CARD ISSUED BY THE FIRST RESPONDENT TO
SOME OF THE PETITIONERS
Exhibit P3 TRUE COPIES OF SOME OF THE ELECTRICITY
BILLS OF SOME OF THE PETITIONERS
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
18.06.2002OF THIS HON'BLE COURT IN Ο.Ρ.
Exhibit P5 TRUE COPY OF THE SCHEME FORMULATED BY
THE 3RD RESPONDENT DATED 22-3-1995
Exhibit P6 TRUE COPIES OF THE APPLICATIONS
SUBMITTED BY THE SOME OF THE RESIDENTS
OF THE ERG COLONY TO THE LAND REVENUE
COMMISSIONER
Exhibit P7 TRUE COPY OF REPRESENTATION DATED
23.08.2011 ALONG WITH THE PROCEEDINGS
DATED 30.09.2011
Exhibit P8 TRUE COPY OF THE MINUTES OF THE MEETING
DATED 01.05.2015
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED
06.10.2021 IN W.P.(C) NO.19582 OF 2021
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
13.08.2024 SUBMITTED BY THE PETITIONERS
TO THE 2RD RESPONDENT
