High Court of KeralaWP(C)/26149/2015disposed of

Johnson v. State Of Kerala

2015-09-03Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 WP(C).No. 26149 of 2015 (P) ---------------------------- PETITIONER :

---------------------- JOHNSON, AGED 52 YEARS, S/O.K.V.JOSEPH, KAINIKUNNEL HOUSE, MUTTOM, THUNDAGANADU KARA, IDUKKI - 685 587.

BY ADVS.SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -695 001.

2. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI, PIN- 685 512.

3. THE TAHSILDAR, TALUK OFFICE, THODUPUZHA, IDUKKI, PIN- 685 521.

4. THE VILLAGE OFFICER, MUTTOM VILLAGE OFFICE, IDUKKI, PIN -685 587.

5. THE MUTTOM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, P.O.MUTTOM, IDUKKI, PIN -685 587.

R1 TO R4 BY GOVERNMENT PLEADER SMT. C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 26149 of 2015 (P) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE JUDGMENT IN W.P. NO.15237/2015 DATED 01.06.2015 P2 - TRUE COPY OF THE CAVEAT FILED BY THE 2ND RESPONDENT DATED 27.07.2015 P3 - TRUE COPY OF THE COMMISSION REPORT IN OS NO.347/2015 BEFORE THE HON'BLE MUNSIFFS COURT, THODUPUZHA DATED 17.08.2015 P4 - TRUE COPY OF IA NO.1600/2015 IN OS NO.347/2015 OF THE MUNSIFFS COURT, THODUPUZHA DATED 10.08.2015 RESPONDENT(S)' EXHIBITS ----------------------------------------- R3(A)- COPY OF THE BASIC TAX REGISTER AND EXTRACTS OF THANDAPPER ACCOUNTS.

R3(B)- COPY OF THE OLD BASIC TAX REGISTER, OLD SETTLEMENT REGISTER R3(C)- COPY OF THE ALLOTMENT SKETCH.

/TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.26149 of 2015 ****************************************************************************** Dated this the 3rd day of September, 2015

JUDGMENT

The petitioner, aggrieved by an eviction from the property which is the subject matter of O.S.No.347/2015 on the file of the Munsiff's Court, Thodupuzha, has approached this Court. According to the petitioner, interim injunction petition is posted on 10.9.2015 and before any decision is being taken, the petitioner shall not be dispossessed.

In fact, this Court as per interim order dated 21.8.2015, ordered that the petitioner shall not be dispossessed. In that view of the matter, that order will continue till 22.9.2015 or till the decision is taken by the Munsiff's Court in the interim direction. There shall also be a direction to the Munsiff, Thodupuzha to pass appropriate orders in the injunction petition before the above date. 3.

It is submitted by the learned Government Pleader that the property is in actual possession of the Government. I am not expressing the question relating to the possession in view of the

W.P.(C) No.26149 of 2015 2 fact that the same is the subject matter of the civil suit. Therefore, the interim order passed by this Court cannot be construed to the effect that the petitioner is in possession of the property and it is for the civil court to decide who is in possession of the property. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln