Jaseentha Mary vs State Of Kerala And Ors

The petitioner claims that she was assigned 4 cents of land as per Ext.P1 proceedings dated 22.06.2001. Though the petitioner has not been

formerly issued with a patta, the petitioner has been remitting tax, is the assertion of the petitioner. It appears that the Revenue Authorities had noticed

illegal construction on Government land and had therefore interdicted the petitioner from putting up any sort of construction. It is alleged that the

petitioner violated the interdiction and again continued with the construction.

The land adjoining the land over which the petitioner claims to have title is the land which belongs to the Kerala State Electricity Board. The

Electricity Board has also raised an objection that the petitioner is trying to establish a pathway through KSEB land to the KSEB road, and that for the

said purpose, the petitioner destroyed the fencing put up by the KSEB around its property. This submission of the KSEB is strongly refuted by the

learned counsel for the petitioner.

The learned Special Government Pleader for the Revenue Department, also contends that, despite the order of status quo by this Court, when this

writ petition was admitted, the petitioner has affected further constructions and no action has been taken regarding the same on account of the status

quo order.

Today when this matter was taken up for consideration, the learned counsel for the petitioner submits that the matter may be determined by the

District Collector, Idukki. The respondents have no objection. The petitioner shall file a representation before the District Collector, Idukki, producing

all documents on the basis of which she claims that she has a right to occupy the land in question. It appears that there is already a proceeding pending

before the District Collector by virtue of Ext.P6 judgment of this Court. It is submitted that the proceedings pursuant to Ext.P6 judgment has not been

finalized so far. It is open to the petitioner to produce the documents relied on by her in the pending proceedings before the District Collector, Idukki. It

will be appropriate that the District Collector, Idukki, finalises the proceedings as directed in Ext.P6, as expeditiously as possible, at any rate within a

further period of three months from the date of receipt of a certified copy of this judgment. While doing so, the District Collector, Idukki, shall also

examine the claim of the KSEB regarding their allegation that the petitioner attempted to cut open a pathway through property belonging to the KSEB.

Therefore, the matter shall be decided by the District Collector, Idukki, as aforesaid after issuing notice to the petitioner and to the 5th respondent â€

Assistant Engineer, Kerala State Electricity Board, Munnar.

Till a decision is taken in the matter by the District Collector, status quo, shall be maintained. If the petitioner violates the order of status quo either by

putting up any additional construction or cutting of any trees etc., it will be open to the Revenue Authority to take appropriate action notwithstanding

the directions contained in this judgment.

It is made clear that, that any order passed by the District Collector, Idukki, will be in strict compliance with the directions issued in Ext.P6 judgment.

With the above directions this writ petition will stand disposed of.