Shirly Joy vs State Of Kerala on 27 August, 2008

Kerala High Court
Shirly Joy vs State Of Kerala on 27 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16102 of 2007(P)


1. SHIRLY JOY, AGED 40 YEARS,
                      ...  Petitioner

                        Vs



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

2. DISTRICT COLLECTOR, ERNAKULAM.

3. SUPERINTENDENT OF SURVEY, ERNAKULAM.

4. TAHSILDAR, KOTHAMANGALAM.

5. VILLAGE OFFICER, KOTHAMANGALAM.

6. EXECUTIVE ENGINEER, WATER AUTHORITY,

                For Petitioner  :SRI.PEEYUS A.KOTTAM

                For Respondent  :SRI.M.DINESH, SC, KWA

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :27/08/2008

 O R D E R
                        S. SIRI JAGAN, J.
                ------------------------------------
                   W.P.(C)No.16102 OF 2007
              ----------------------------------------
              Dated this the 27th day of August, 2008

                           JUDGMENT

The petitioner is aggrieved by the proceedings under the

Kerala Land Conservancy Act to evict the petitioner from certain

properties in her possession, on the ground that the same is

Government land. At the time of admission, I had made it clear

that further proceedings pursuant to Ext.P4 shall only be after

measuring the property with notice to the petitioner. In

paragraph 7 of the counter affidavit filed on behalf of the 4th

respondent, it is stated thus:

“Further, as per the interim direction of this
Honourable Court, the Additional Tahsildar issued fresh
notice to the petitioner for measuring the property under
the supervision of the District Survey Superintendent,
Ernakulam on 7-6-2007 and any further proceedings
pursuant to Ext.P4 will be taken only after the fresh
measurement”.

In view of the same, I do not think that any further orders are

necessary in this writ petition except to direct the 4th respondent

W.P.(c)No.16102/08 2

to pass a fresh reasoned order, after hearing the petitioner

also, after the measurement. Ordered accordingly.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd

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