High Court Kerala High Court

Sri.M.Durai vs State Of Kerala on 2 September, 2010

Kerala High Court
Sri.M.Durai vs State Of Kerala on 2 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27256 of 2010(F)


1. SRI.M.DURAI, S/O.MADAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE TAHSILDAR, DEVIKULAM TALUK,

                For Petitioner  :SRI.N.M.VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :02/09/2010

 O R D E R
                       ANTONY DOMINIC, J.

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                    W.P.(C) No. 27256 of 2010 F
             ```````````````````````````````````````````````````````
             Dated this the 2nd day of September, 2010

                            J U D G M E N T

The petitioner is the occupant of property comprised in

Survey No.61/11 of KDH Village. He approached the second

respondent complaining that he is proposed to be evicted from the

land. Accordingly, the matter was considered with notice to the

petitioner and Ext.P4 order has been issued. After considering the

contentions of the petitioner including the genuineness of Ext.P1

patta, the District Collector came to the following findings:-

” In the meanwhile the Tahsildar,

Devikulam has reported that, on verification of

the documents, it was found out that there was no

assignment made as LA.39/80 in the year 1980,

from his office. Only one Land Assignment

Order was issued in 1980. It was in favour of

Smt.Mary Alphonsa, New Colony, Munnar as

LA.1/80. Moreover, the boundaries of the

property are mentioned differently in the Patta,

in the survey sketch and in the possession

certificate.

The petitioner was present for the hearing

WPC.27256/2010
: 2 :

conducted on 28-01-2009. But he could not

produce any valid documents to prove his right

over the property. Exhibits P1 to P5 are bogus

documents and do not warrant any right to the

petitioner over the plaint schedule property.

Verification of the documents and the

report of the Tahsildar, prove the case is one of

fabrication of fake documents in order to grab

Govt. Land which in turn is a criminal offence.

The petitioner’s application for assignment also

cannot be considered on merit, because he is an

unauthorised occupant of Govt. land. The land

in question is Puramboke. Moreover the

petitioner is not in actual possession of the

property.

In the above circumstances, the

application for assignment, Exhibited as P9 is

declined.

The Tahsildar, Devikulam will file FIR

against those who fabricated the documents and

will proceed further in the matter.”

2. Ext.P5 appeal filed by the petitioner before the first

respondent was also rejected by Ext.P8. It is challenging Exts.P4

and P8, the writ petition is filed.

WPC.27256/2010
: 3 :

3. The finding in the impugned orders is that patta, on the

strength of which the petitioner is setting up his possession, is a

bogus one. Nothing has been produced in this writ petition to infer

that the said conclusion is erroneous. Even otherwise,

genuineness of patta, which the petitioner will have to establish,

can be done only in a civil suit and not in a proceedings under

Article 226 of the Constitution of India. In these circumstances,

the writ petition is liable to be dismissed and I do so.

Be that as it may, the fact remains that the petitioner is in

possession of the land. Therefore, it is clarified that his eviction, if

ordered, will be only in accordance with law.

Sd/-

(ANTONY DOMINIC, JUDGE)
aks

// True Copy //

P.A. To Judge