High CourtsSingle Bench(2011) 01 KL CK 0200

Kunhipathu @ Fathima and Naafir vs The Tahasildar and The Village Officer

High Court Of Kerala · Decided on 20 January 2011

HON’BLE JUDGES
Antony Dominic, J
CASE NUMBER
Writ Petition (C) No. 2059 of 2011 (F)

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Judgment

4 paragraphs · 263 words

Antony Dominic, J.—Ext.P4 is an application made by the Petitioners to the first Respondent for assignment of 3 cents of land situated in Re-survey No. 386/3A of Pallikkara village, which is stated to be in their occupation. According to the Petitioners, this application has been numbered as LA.4/2010/Pallikkara and proceedings are pending before the first Respondent. It is stated that during the tendency of the said application, proceedings have been initiated against the Petitioners for eviction from the aforesaid land and in that process, Ext.P2 notice has been issued by the first Respondent. It is in these circumstances, the Petitioners have filed this writ petition, seeking a direction to the first Respondent to finalize the proceedings evidenced by Ext.P4 before proceeding further with Ext.P2.

2.

Having regard to the fact that Ext.P4 application made by the Petitioners for assignment of the land in question is pending before the first Respondent; I feel fairness requires that Ext.P2 should be kept in abeyance until the aforesaid proceedings are finalized.

3.

In that view of the matter, I dispose of this writ petition, directing that, on the production of a copy of this judgment, the first Respondent will take further action on Ext.P4 and conclude the proceedings with notice to the Petitioners. This shall be done, as expeditiously as possible and at any rate, within eight weeks thereafter. It is directed that, until orders are passed as above, all further proceedings pursuant to Ext.P2 will be kept in abeyance.

Petitioners shall produce a copy of this judgment and writ petition before the first Respondent for compliance.