High Court of KeralaWP(C)/29957/2015disposed of

Sophiama v. The State Of Kerala

2015-10-14Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 29957 of 2015 (T) ---------------------------- PETITIONER :

------------------ N.SOPHIAMA, AGED 69 YEARS,W/O.MATHEW.P.C, PULITHOOKIL HOUSE, UDUMBANOOR. P.O., IDUKKI DISTRICT.

BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS :

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

1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT.

REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT COLLECTOR, COLLECTORATE IDUKKI - 685 603.

3. THE TAHSILDAR, TALUK OFFICE, THODUPUZHA, IDUKKI DISTRICT - 685 603.

4. THE VILLAGE OFFICER, KARIMANNOOR VILLAGE OFFICE, IDUKKI - 685 603.

5. THE VILLAGE OFFICER, UDUMBANOOR VILLAGE OFFICE IDUKKI DISTRICT - 685 603.

R1 TO R5 BY GOVERNMENT PLEADER SRI. MANOJ KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29957 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

A TRUE COPY OF THE DOCUMENT BEARING NO.2200 OF 1990 DATED 10.9.1990 OF THE KARIKODE S.R.O.

EXT.P2:

A TRUE COPY OF THE REVENUE SKETCH OF FILE NO.324 OF THE KARIMANOOR VILLAGE DATED NIL.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 29957 of 2015 ================== Dated this the 14th day of October, 2015

J U D G M E N T

The petitioner claims to be the owner of the land referred in Exts.P1 and P2 documents. The petitioner approached this Court that an attempt is being made to dispose of the same alleging that the petitioner is in occupation of the revenue land. 2.

This Court is of the view that the petitioner shall not be dispossessed or evicted from the land unless the respondents finds that the petitioner is in occupation of the revenue land. It is also appropriate for the Tahsildar to demarcate the petitioner's land as per Ext.P1 after notice to the petitioner and if the respondent wants to evict the petitioner, necessarily this shall be done only in accordance with the procedure contemplated under the land Conservancy Act or Rules.

The writ petition is disposed of, as above sd/- sab A.MUHAMED MUSTAQUE, JUDGE