IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 4485 of 2001(H)
1. A.AMINABI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.A.P.CHANDRASEKHARAN (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :29/08/2008
O R D E R
KURIAN JOSEPH, J.
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O.P.No.4485/01 & W.P.(C) No.9247/05
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Dated 29th August, 2008.
J U D G M E N T
Petitioner is aggrieved by the steps taken for
eviction. According to the petitioner, she is the title holder of the
property. The original stand taken by the respondents is that the land
is a puramboke land. However, coming to the latter writ petition, it
seems there is a change in that stand and the expression used is that
the petitioner is a ‘lessee’. Be that as it may, the main grievance of the
petitioner is that the title deeds produced by the petitioner may be
looked into, so as to trace out the title. It is seen from the impugned
order in the former case that the petitioner had not produced any
documents. I am afraid, that stand cannot be justified. The petitioner
had produced Exts.P1 to P4 and there is no reference to those
documents. Accordingly, the impugned orders in both cases are
quashed with a direction to the Tahsildar, Kozhikode to look into the
grievance of the petitioner adverting to the materials produced by the
petitioner, and pass orders. It will also be open to the petitioner to
produce any further material before the Tahsildar. Appropriate orders
as above will be passed within four months from the date of production
of a copy of the judgment.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
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O.P.No.4485/01 & W.P.(C) No.9247/05
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J U D G M E N T
Dated 29th August, 2008.