IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2473 of 2007()
1. NANDINI VIJAYAN, W/O. VIJAYAN,
... Petitioner
Vs
1. PARAKKADAVU SIVAKSHETHRAM,
... Respondent
2. STATE OF KERALA, REP. BY THE
3. THE DISTRICT COLLECTOR,
4. THE TAHSILDAR,
For Petitioner :SRI.DINESH R.SHENOY
For Respondent :SRI.GOVIND K.BHARATHAN
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice P.BHAVADASAN
Dated :06/02/2009
O R D E R
J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J.
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W.A.No.2473 of 2007
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Dated this the 6th day of February, 2009.
J U D G M E N T
Koshy, Ag.CJ.
Writ petition was filed to declare that the appellant/writ
petitioner was entitled to assignment of 74 cents of land in
Ezhukon village on the basis of long continued possession and
also to complete further proceedings in Ext.P1. In the counter
affidavit it was stated by the counsel that 48 cents and another 8
cents included in the 74 cents is in the possession of two other
persons namely, Abdulkhader and Idikkula Mathunny and the
appellant/writ petitioner had only in possession of 13 cents of
land and remaining 5 cents was also occupied. It is also stated
that parts of the land is occupied by persons of different religions
and hence the entire land cannot be allotted to the temple. It is
also stated that steps are taken to evict unauthorised persons.
Learned Single Judge directed to complete the proceedings within
six months time. Further it is stated that it should be completed
so as to enable the appellant to get the land absolutely within a
period of six months. Even by mere eviction of unauthorised
W.A.No.2473 of 2007
2
persons, appellant/petitioner will not get the land even if their
possession is unauthorised. From the averments in the counter
affidavit filed by the Government it cannot be stated that the
entire 74 cents of land was in the continued uninterrupted
possession of the appellant/petitioner for many years. It is also
submitted that the judgment was obtained without impleading
the affected parties in pursuance of the persons in the writ
petition. As far as the eviction is concerned, we make it clear
that the Government should issue notice if there are
unauthorised possession, as eviction can be effected only after
complying the principles of natural justice and statutory
provisions. Assignment of land also shall be considered with
notice to all concerned parties.
The writ appeal is disposed of as above.
J.B.KOSHY,
ACTING CHIEF JUSTICE.
P.BHAVADASAN, JUDGE.
bkn/-