IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5751 of 2010(T)
1. BEEVIKUTTY UMMA,AGD 5O YEARS,
... Petitioner
Vs
1. REVENUE DIVISIONAL OFFICER,OTTAPALAM,
... Respondent
2. THE TAHSILDAR,TALUK OFFICE,
3. VILLAGE OFFICER,NAGALASSERY VILLAGE,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :16/03/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.5751 OF 2010
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Dated this the 16th day of March, 2010.
J U D G M E N T
The petitioner and her children are the owners of 1 acre 6
cents of property in Survey Nos.357/9 and 356/5B of
Nagalassery Village in Ottapalam Taluk. The properties originally
belonged to one Athanikkal Koyamu Haji and his brother
Athanikkal Pokker Haji. They partitioned the properties among
themselves and subsequently, Koyamu Haji assigned 2 acres 47
cents of his property in favour of the husband of the petitioner by
Exhibit P1 assignment deed dated 01.06.1984. The late husband
of the petitioner had two wives one Nabeesumma and the
petitioner. He died in the year 1992. Between the legal heirs,
there was partition of the properties out of which 1 acre and 6
cents were set apart to the share of the petitioner and her
children. Apart from that the petitioner and her children are in
possession of 20 cents of land in Thrithala Panchayath. These
items of properties are the only properties owned and possessed
W.P.(C) No.5751/2010 2
by the petitioner.
2. It is the case of the petitioner that Abdulla and
subsequently his legal representatives have been paying the
basic tax also for the property in question. The petitioner is
aggrieved by the action taken by the respondents against the
petitioner presuming that these items are excess land which are
liable to be surrendered. It is in these circumstances, the
petitioner has filed this writ petition seeking for a direction to the
respondents not to evict the petitioner and her children from the
property in question. Further prayer is to direct the 3rd
respondent to receive basic tax concerning the properties also.
3. Exhibit P3 is the petition submitted by the petitioner
before the Taluk Land Board, Ottappalam detailing her claim in
respect of the property. Learned Government Pleader on
instructions submitted that the same is pending and therefore,
the Taluk Land Board will dispose of the matter after hearing the
petitioner and any other necessary parties.
There will be a direction to the 1st respondent to take a
decision on Exhibit P3, after hearing the petitioner and after
W.P.(C) No.5751/2010 3
allowing all opportunities to produce evidence, within a period of
three months from the date of receipt of a copy of this judgment.
Till then, no action for dispossession will be taken against the
petitioner.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp