High Court of KeralaWP(C)/28057/2015disposed of

Elyamma Jose v. The Tahsildar

2015-10-01Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 28057 of 2015 (F) --------------------------------------- PETITIONER(S):

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1. ELYAMMA JOSE, AGED 57 YEARS, D/O.LATE KUNJIPALI, PANAPARAMBU (PALAYATTI), ANGAMALY VILLAGE AND KARA, ALUVA TALUK.

2. MARY, W/O.THOMAS, CHENNAKADAN, ANGAMALY VILLAGE AND KARA, ALUVA TALUK AND KARA.

3. C.P.JOHNEY, CHERUMADATHILVEEDU, ANGAMALY PO, ANGAMALY MARKET, ANGAMALY KARA AND VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.

BY ADVS.SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S):

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1. THE TAHSILDAR, ALUVA TALUK, ALUVA PO, ERNAKULAM DISTRICT.

2. THE EXECUTIVE ENGINEER, PWD, ANGAMALY, ANGAMALY PO, ANGAMALY KARA AND VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.

3. THE ANGAMALY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL BUILDINGS, ANGAMALY PO, ERNAKULAM DISTRICT.

4. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM 682 020.

5. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM 695 001.

R1,2,4,5 BY GOVERNMENT PLEADER SMT.C.K.SHERIN R3 BY SRI.V.M.KURIAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28057 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE DOCUMENT OF PURCHASE OF THE PETITIONERS PREDECESSOR BEARING NO.1740 OF 1961 OF S.R.O.ANGAMALY P2TRUE COPY OF THE AGREEMENT OF SALE WITH THE FIRST PETITIONER WITH THE OTHER LEGAL HEIRS OF THE DECEASED PETITIONERS FATHER P3THE DOCUMENTS OF LICENCE AND ELECTRICITY BILL WITH REGARD TO THE TENANCY OF THE SECOND PETITONER P4THE LICENCE AND ELECTRICITY BILL WITH REGARED TO THE THIRD PETITONER P5TRUE COPY OF THE PETITIONER FILED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J ------------------------------------------------------- W.P.(C).No. 28057 of 2015 ------------------------------------------------------- Dated this the 01st day of October, 2015

JUDGMENT

The 1st petitioner claims that she is the owner in possession of the landed property in Survey No.376/5 (Old Survey). It is submitted that this was shown as a puramboke land after re-survey and after resurvey, number is assigned as 411/1.

2. This Court is of the view that the 1st respondent shall identify the property claimed by the 1st petitioner. The petitioners trace out the title by document No.1740/61 of SRO, Angamaly. Needful shall be done within a period of three months after issuing notice to the petitioners.

3. If it is found that the 1st petitioner is in occupation of the Government land, the eviction of the petitioners from the Government land, shall only in

W.P.(C).No. 28057 of 2015 -2Kerala Land Conservancy Act, after giving sufficient notice to the petitioners.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr