Sheheera vs State Of Kerala

Raja Vijayaraghavan V, J

Challenging Exhibit P3 orders passed by the Tahsildar, Kochi Taluk invoking Section 11 of the Land Conservancy Act, 1957, ordering summary

eviction of the petitioners from Government Puramboke Land comprised in Block No.10 in Re Sy No.342/2013 of Puthuvypu Village, the petitioners

have approached the District Collector and have filed Exhibit P5 Appeal. The grievance of the petitioners is that pending consideration of the Appeal,

the respondents are initiating expeditious steps to evict them from the property. Their prayer in this writ petition is for a direction to the 2nd respondent

to consider the Appeal as well as the Stay petition in an expeditious manner and to keep in abeyance the eviction proceedings till the said exercise is

completed.

Sri John K. George, the learned counsel appearing for the petitioners submitted that the petitioners are ladies with no place to call their own. They

are working as housemaids to make both ends meet. They have managed to construct a hut in puramboke land and are residing with their family in

miserable conditions. The income earned by the family is meagre and is not at all sufficient to enable them to rent out a house. If the petitioners are

evicted when the pandemic is ravaging the State and without considering their sad and precarious conditions, they and their family will be forced to

live by the wayside. The learned counsel submitted that the petitioners have made out a good case on merits and sought for issuance of necessary

directions to the 2nd respondent to expedite the hearing and also to keep the eviction proceedings in limbo, in the meanwhile.

I have heard the learned Government Pleader and I have considered the submissions.

Exhibit-P5 is the appeal filed by the petitioners under Section 16 of the Land Conservancy Act, 1957. The same is stated to be pending. In that view

of the matter, necessary directions can be issued to the respondents to keep the eviction proceedings initiated against the petitioners pending, till

Exhibit P5 appeal is taken up and disposed of finally.

Resultantly, this Writ Petition is disposed of directing the 2nd respondent to consider and pass orders on Exhibit-P5 appeal, with notice to the

petitioners, expeditiously, at any rate within a period of three months from the date of production of a copy of this Judgment. Until final orders are

passed in Exhibit P5, the petitioners shall not be dispossessed from the property covered under Exhibit P5 appeal.

This writ petition is disposed of.