Kerala High Court
WP(C)/30105/2012 of AMMINI Vs STATE OF KERALA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 30105 of 2012 (K) --------------------------- PETITIONER(S): ------------- AMMINI,, AGED 51 YEARS D/O.CHINKAN, 412A, NALAM CHIRANGARA HOUSE
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 30105 of 2012 (K)
---------------------------
PETITIONER(S):-------------
AMMINI,, AGED 51 YEARS
D/O.CHINKAN, 412A, NALAM CHIRANGARA HOUSE
KEEZHILLAM, MANNOOR, MAZHAVANNOOR PANCHAYATH
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.
BY ADV. SRI.R.DIVAKARAN
RESPONDENT(S):--------------
1. STATE OF KERALA,
REPRESENTED BY PRINCIPLES SECRETARY TO STATE GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM. 695 001.
2. DISTRICT COLLECTOR, ERNAKULAM DISTRICT, KAKKANAD
CIVIL STATION. 682 030.
3. EXECUTIVE ENGINEER, PWD ROAD SUB DIVISION, PERUMBAVOOR. PWD ROAD SUB DIVISION, PERUMBAVOOR.
4. SUB INSPECTOR OF POLICE,
PATTIMATTOM POLICE STATION, PATTIMATTOM. 683 562.
5. MAZHAVANNOOR GRAMA PANCHAYATH, MAZHAVANNOOR.P.O, (VIA) PERUMBAVOOR ERNAKULAM DISTRICT
REPRESENTED BY ITS SECRETARY. 686 669.
BY GOVERNMENT PLEADER SRI.S.JAMAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 30105 of 2012
APPENDIX
PETITIONER(S) EXHIBITS
RESPONDENT'S EXHIBITS : NIL
RESPONDENTS' EXHIBITS : NIL
\\ TRUE COPY \\
PA TO JUDGE
jm
P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C) No. 30105 of 2012~~~~~~~~~~~~~~~~~~~~~~~
Dated, this the 31[st] day of December, 2012
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
The petitioner is residing in the building situated in theproperty in question, which is admittedly a 'Puramboke' land.The petitioner contends that she has been residing in the saidproperty, for more than two decades and that the occupationhas already been taken note of by the concerned authorities.It is stated that the petitioner has been issued 'Ration card'and 'Election identity' card in the above address and thebuilding situated in the property also been electrified. Now,the petitioner was served with Ext. P6 notice, asking her tovacate the premises. Immediately on receipt of Ext. P6, thepetitioner has preferred Exts. P7 and P8 representationsbefore the third respondent and has approached this Court forimmediate intervention.
2. The learned counsel for the petitioner submits thatthe only relief now pressed before this Court is to enable the : 2 :
petitioner to make appropriate arrangement to shift herresidence by staying in the building for sometime more. Thisitself is the request made by her in Exts. P7 and P8representations, wherein the petitioner has sought for 'sixmonths' time.
3. The learned Government Pleader appearing for therespondents submits that there is no vested right for thepetitioner to occupy the premises and the immediate necessityto evict the petitioner is because of the recurring accidents, asthe property is situated in a Junction and there is a sharpcurve as well. Quite a number of accidents have alreadybeen taken place and it is necessary to mitigate thecircumstances by effecting the road widening/ straightening.It is pointed out that Ext. P6 is only a notice issued under therelevant provisions of the Land Conservancy Act and that therepresentations preferred by the petitioner will be considered,of course, after giving an opportunity of hearing, submits thelearned Government Pleader.
: 3 :
4. In the above circumstances, the Writ Petition is disposed of, directing the 3[rd] respondent of finalize theproceedings pursuant to Ext. P6, considering the grievanceprojected by way of Exts. P7 and P8 to grant some reasonabletime to vacate the premises. Final orders as above shall bepassed in accordance with law, after giving an opportunity ofhearing to the petitioner, at the earliest, at any rate, within'three' months from the date of receipt of a copy of thisjudgment.
sd/-
P. R. RAMACHANDRA MENON, (JUDGE)
kmd