Full Judgment
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 193 WP(C).No. 30105 of 2012 (K) --------------------------- PETITIONER(S): ------------- AMMINI,, AGED 5 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”
001.
2. DISTRICT COLLECTOR, ERNAKULAM DISTRICT, KAKKANAD CIVIL STATION”
030.
3. EXECUTIVE ENGINEER, PWD ROAD SUB DIVISION, PERUMBAVOOR.
4. SUB INSPECTOR OF POLICE, PATTIMATTOM POLICE STATION, PATTIMATTOM”
562.
5. MAZHAVANNOOR GRAMA PANCHAYATH, MAZHAVANNOOR.P.O, (VIA) PERUMBAVOOR ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY”
669. BY GOVERNMENT PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jm WP(C).No. 30105 of 2012 APPENDIX PETITIONER(S) EXHIBITS P1- THE TRUE COPY OF THE RATION CARD. P2- THE TRUE COPY OF THE ELECTRICITY BILL FOR THE PERIOD OF NOVEMBER 2012 P3- THE TRUE COPY OF THE ELECTRICITY BILL. P4- THE TRUE COPY OF THE ELECTION IDENTITY CARD ISSUED BY THE ELECTION COMMISSION. P5- THE TRUE COPY OF THE RECEIPT ISSUED BY THE GRAMA PANCHAYATH ON 26.6.2012. P6- THE TRUE COPY OF THE SHOWCASE NOTICE. P7- THE TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 12 11.2012. P8- THE TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 14 11.2012. 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 31st day of December, 2012 JUDGMENT The petitioner is residing in the building situated in the property in question, which is admittedly a 'Puramboke' land. The petitioner contends that she has been residing in the said property, for more than two decades and that the occupation has 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 the building situated in the property also been electrified. Now, the petitioner was served with Ext. P6 notice, asking her to vacate the premises. Immediately on receipt of Ext. P6, the petitioner has preferred Exts. P7 and P8 representations before the third respondent and has approached this Court for immediate intervention.
2. The learned counsel for the petitioner submits that the only relief now pressed before this Court is to enable the W.P.(C) No. 30105 of 2012 :
2. : petitioner to make appropriate arrangement to shift her residence by staying in the building for sometime more. This itself is the request made by her in Exts. P7 and P8 representations, wherein the petitioner has sought for 'six months' time.
3. The learned Government Pleader appearing for the respondents submits that there is no vested right for the petitioner to occupy the premises and the immediate necessity to evict the petitioner is because of the recurring accidents, as the property is situated in a Junction and there is a sharp curve as well. Quite a number of accidents have already been taken place and it is necessary to mitigate the circumstances by effecting the road widening/ straightening. It is pointed out that Ext. P6 is only a notice issued under the relevant provisions of the Land Conservancy Act and that the representations preferred by the petitioner will be considered, of course, after giving an opportunity of hearing, submits the learned Government Pleader. W.P.(C) No. 30105 of 2012 :
3. :
4. In the above circumstances, the Writ Petition is disposed of, directing the 3rd respondent of finalize the proceedings pursuant to Ext. P6, considering the grievance projected by way of Exts. P7 and P8 to grant some reasonable time to vacate the premises. Final orders as above shall be passed in accordance with law, after giving an opportunity of hearing to the petitioner, at the earliest, at any rate, within 'three' months from the date of receipt of a copy of this judgment. sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd