High Court Kerala High Court

Nandini Vijayan vs Parakkadavu Sivakshethram on 6 February, 2009

Kerala High Court
Nandini Vijayan vs Parakkadavu Sivakshethram on 6 February, 2009
       

  

  

 
 
  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.
                   ===========================
                       W.A.No.2473 of 2007
                ===============================
             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/-