Kerala High Court
Althaf V. B vs The District Collector on 29 October, 2019
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941
WP(C).No.28242 OF 2019(E)
PETITIONERS:
1 ALTHAF V. B.
AGED 31 YEARS
S/O. BASHEER, VALIYAVEETTIL HOUSE, KOTTAI,
NEDUMBASSERY P. O., PIN - 683585
2 JADHEER C. J.
AGED 31 YEARS
S/O. JALEEL, CHUNGATH HOUSE, CHUNGAM, ADUVASSERY P.
O.
3 RENJITH P. G.
AGED 33 YEARS
S/O. GOPALAKRISHNAN, PUTHEN PURAKKAL HOUSE, MAIKKAD
P. O., PALLIPADI.
4 V. EMARALD STEEFAN
AGED 28 YEARS
S/O. VARGHESE, PARAYAN VILAI, THIRUVATTOOR P. O.,
KANYAKUMARI DIST, TAMIL NADU, PIN - 629177.
5 ANSAR M. A.
AGED 42 YEARS
S/O. ABDUL KHADER, MANICHERY HOUSE, PUTHUVASSERY,
NEDUMBASSERY P. O., PIN - 683585.
6 VIJU P. G.
AGED 48 YEARS
S/O. GOPALAN, PINDIYATHUPADI, KOTTAI, NEDUMBASSERY P.
O., PIN - 683585.
7 ASHARAF P. K.
AGED 55 YEARS
S/O. KAZIM, PADIKKAMUTTATHU HOUSE, PURAYAR, DESOM,
ALUVA, PIN - 683102.
8 KUNJU MOHAMMED
AGED 54 YEARS
S/O. KAZIM, KALLAMKOTTIL HOUSE, PURAYAR, DESOM P. O.,
ALUVA, PIN - 683 102.
9 RAJAN A. K.
WP(C).No.28242 OF 2019(E)
2
AGED 54 YEARS
S/O. KILUMATHI, ILIPARAMBIL HOUSE, KOTTAI,
NEDUMBASSRY P. O., PIN - 683585.
10 AJEEB C. A.
AGED 32 YEARS
S/O. LATE ASHARAF, 13/609, CHITTUPARAMBU ROAD,
CHULLICKAL, COCHIN - 692005.
BY ADVS.
SRI.B.SURJITH
SMT.RAHANA JOSE
RESPONDENTS:
1 THE DISTRICT COLLECTOR
ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM - 682
030.
2 THE TAHASILDAR, ALUVA (ESTATE OFFICER)
THAHASILDAR OFFICE, ALUVA, ERNAKULAM DISTRICT, PIN
- 683101.
3 THE KERALA STATE CO-OPERATIVE MARKETING FEDERATION
LTD.
GANDHI NAGAR, KADAVANTHRA P. O., KOCHI, ERNAKULAM
DISTRICT, PIN - 682020.
4 UMMER
AGED 53 YEARS
S/O. MOIDEEN, PUTHUVAAYIL (H), MUTTOM, ALUVA,
ERNAKULAM - 683106.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28242 OF 2019(E)
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W.P.(C) No.28242 of 2019
------------------------------------------
JUDGMENT
The petitioners have suffered an order under the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968. Ext.P1 is the order. Aggrieved by Ext.P1 order, the petitioners preferred Ext.P2 appeal before the first respondent. Ext.P3 is the stay petition preferred by the petitioners in Ext.P2 appeal. The grievance of the petitioners in the writ petition concerns the delay on the part of the first respondent in passing orders on Ext.P3 stay petition. It is alleged that steps are being taken in the meanwhile to enforce Ext.P1 order. The petitioners, therefore, seek appropriate directions in this regard, in the writ petition.
2. Heard the learned counsel for the petitioners as also the learned Government Pleader.
3. Having regard to the facts and circumstances of the case and the orders passed by this court in identical and similar matters, I deem it appropriate to dispose of the writ petition directing the first respondent to consider and pass orders on Ext.P2 appeal in accordance with law, after issuing notice to all persons concerned. Ordered accordingly. This shall be done within three weeks from the WP(C).No.28242 OF 2019(E) 4 date of receipt of a copy of this judgment. Needless to say that until orders are passed as directed above, status quo as on today shall be maintained as regards the premises referred to in the writ petition.
Sd/-
P.B.SURESH KUMAR
Mn JUDGE
WP(C).No.28242 OF 2019(E)
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 30.9.2019 IN
B.3-9621/17 ON THE FILES OF TAHASILDAR, ALUVA (ESTATE OFFICER) EXHIBIT P2 A TRUE COPY OF THE APPEAL FILED UNDER SECTION 10 OF THE KERALA PUBLIC BUILDINGS (EVICTION OF UNAUTHORISED OCCUPANTS) ACT BEFORE 3RD RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE STAY PETITION FILED UNDER SECTION 10 (3) OF THE KERALA PUBLIC BUILDINGS (EVICTION OF UNAUTHORISED OCCUPANTS) ACT BEFORE 3RD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE RECEIPT DATED 21.10.2019 ISSUED FROM THE OFFICE OF 3RD RESPONDENT. //TRUE COPY// PA TO JUDGE