High Court of KeralaWP(C)/3428/2015disposed of

M.Murukan v. State Of Kerala

2015-02-06Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).No. 3428 of 2015 (C) --------------------------- PETITIONER :

--------------------- M.MURUKAN, S/O MADASWAMY,AGED 46 YEARS, RESIDING AT IKKA NAGAR, COLONY ROAD, MUNNAR P.O, PIN-685 612 BY ADV. SRI.N.M.VARGHESE RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY , REVENUE (R) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE KUYILIMALA, IDUKKI. PIN-685 602

3. THE TAHSILDAR, DEVIKULAM TALUK, TALUK OFFICE, DEVIKULAM-685 613

4. THE ASSISTANT EXECUTIVE ENGINEER, KERALA ASTATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, CHITHIRAPURAM, PALLIVASAL. PIN-685 618

5. THE SPECIAL TAHSILDAR, MUNNAR, OFFICE OF THE SPECIAL TAHSILDAR, IKKA NAGAR.

COLONY ROAD, MUNNAR, PIN- 685 612 R1 TO R3,R5 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT R4 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 3428 of 2015 (C) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

PHOTO COPY OF CERTIFICATE OF POSSESSION NO. K.DIS 2647/2001/B6 DATED 28.5.2001 EXT.P2:

PHOTOCOPY OF ELECTORAL IDENTITY CARD OF THE PETITIONER EXT.P3:

PHOTOCOPY OF RELEVANT PAGES OF THE RATION CARD OF THE FAMILY OF THE PETITIONER EXT.P4:

PHOTOCOPY OF APPLICATION DATED 20.1.2001 SUBMITTED BY THE PETITIONER EXT.P5:

PHOTOCOPY OF CHEQUE DATED 6.9.2002 ISSUED TO THE PETITIONER EXT.P6:

PHOTOCOPY OF GOVERNMENT ORDER NO (MS) 394/08/REVENUE DATED 20.11.2008 ISSUED BY THE 1ST RESPONDENT EXT.P7:

PHOTOCOPY OF PATTA IN LA NO.4/2000 DATED 5.10.2000 ISSUED BY THE 3RD RESPONDENT TAHSILDAR TO ONE SCARIAH ALEXANDER. EXT.P8:

PHOTOCOPY OF BASIC TAX RECEIPT NO.36 IN THANDAPER NO.491 DATED 11.1.2002 ISSUED BY THE VILLAGE OFFICER KDH VILLAGE. EXT.P9:

PHOTOCOPY OF PATTA LA NO.5/2000 DATED 5.10.2000 ISSUED BY THE 3RD RESPONDENT TAHSILDAR TO ONE VINDOKUMAR V.R EXT.P10:

PHOTOCOPY OF BASIC TAX RECEIPT NO.35 ON THANAPER NO.490 DATED 11.1.2002 EXT.P11:

COPY OF JUDGMENT IN WPC NO.5348/2014 DATED 26.9.2014 EXT.P12:

COPY OF NOTICE OF THE 2ND RESPONDENT ALONG WITH THE EXPLANATION OF THE PETITIONER SUBMITTED BEFORE THE 2ND RESPONDENT ON 24.12.2014 EXT.P13:

COPY OF PROCEEDINGS NO.233/14 DATED 17.7.2014 OF THE 3RD RESPONDENT RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 3428 of 2015 -------------------------------------------- Dated this the 6 th day of February, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i.

Call for the entire records from the respondents pertaining to the issues raised in the writ petition.

ii. Issue any appropriate writ, order or direction against respondents 4 and 5 not to interfere with the peaceful possession, occupation and enjoyment of the house property of the petitioner extending 3 cents comprised in Sy.No. 843A of KDH Village; out of the terms of Ext.P11 judgment of this Honourable Court. iii. Issue a writ of mandamus directing the respondents not to dispossess the petitioner from his house plot during the pendency of the proceedings."

2. Heard the learned counsel for the petitioner, learned Government Pleader for respondents 1, 2, 3 and 5 and the learned Standing Counsel for the fourth respondent.

3. The case projected by the petitioner is that, Ext.P4 application for assignment of the property concerned has already nd respondent which has to be been preferred before the 2 considered and dealt with in accordance with Ext.P6 G.O. In view

W.P.C. No. 3428 of 2015 -2of the apprehended coercive proceedings the petitioner was constrained to approach this Court by filing W.P.(C) NO. 5348 of 2014 which was disposed of as per Ext.P11 judgment dated nd respondent to consider the application 26.9.2014 directing the 2 for assignment and have it finalized as directed therein. It is stated that the proceedings are still to be finalized by the concerned respondent.

4. It was in the meanwhile that the Electricity Board has come to the property and has instructed the petitioner to effect vacant surrender stating that the property belongs to the Electricity Board, which is absolutely devoid of any merit or bonafides. It is also stated that the petitioner is in occupation of the property concerned for the past several years and there is absolutely no right or interest for the Electricity Board in connection with the property or the enjoyment by the petitioner.

5. The learned Standing Counsel for the Board submits that, no such instruction or advancement has been effected from the part of the Board as alleged by the petitioner in so far as the present property is concerned.

W.P.C. No. 3428 of 2015 -36. In any view of the matter, this Court does not propose nd to deal with the merits of the case. It is open for the 2 respondent of consider all these aspects while dealing with Ext.P4 application. The writ petition is disposed of, as no further orders are warranted, in view of Ext.P11 judgment passed, but for observing that, if the proceedings are still to be finalized, an opportunity of hearing shall be granted to both the sides. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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