IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31471 of 2011(H) ---------------------------------- PETITIONER(S): ------------------- HARSHAMMA,NEDUMPARAMBIL,LAKKATTUR, KUROPPADA VILLAGE,KOTTAYAM. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) SRI.K.N.SATHEESAN RESPONDENT(S): -------------------- 1. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM,PIN-695001. 2. THE DISTRICT COLLECTOR,KOTTAYAM-686001. 3. TAHSILDAR,KOTTAYAM TALUK,KOTTAYAM, PIN-686001. 4. P.I.ABRAHAM,PALAMBADAM,KARAPPUZHA, KOTTAYAM-686011. R1 TO R3 BY GOVT. PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31471/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FORM OF DECLARATION FILED BY THE PETITIONER IN 1976 WITH THE ADDITIONAL DISTRICT MAGISTRATE. P2: COPIES OF THE BILLS ISSUED BY PVS HOSPITALS FOR EXTENING MEDICAL TREATMENT BY THE CHARITABLE TRUST. P3: COPY OF THE ORDER DATED 21.12.2009 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE REQUEST DATED 22.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5: COPY OF THE NOTICE DATED 3.11.2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 31471 OF 2011 ----------------------------------------------------- Dated this the 25th day of November, 2011 J U D G M E N T Petitioner says that 90 sq.mtr. of land in Re.Sy.No.6, Block B1-153 of the Kottayam Village was initially assigned to one Elizabeth Itty. 2. It is stated that in the said property, there is a double storied building in which the petitioner is now conducting a charitable trust and a printing press. According to the petitioner the lessee expired and that by Ext.P3 order the lease itself has been cancelled. It is also the case of the petitioner that the 4th respondent, the legal heir of the lessee has not challenged Ext.P3 order and therefore Ext.P3 order cancelling the lease has become final. A 3. According to the petitioner since she is in possession of the land and building, she has made an application to grant the lease in her favour and the said W.P.(C) No. 31471 OF 2011 :2 : application was made to the 3rd respondent on 24.11.2011. It is stated that in the meanwhile she has been issued Ext.P4 notice asking her to vacate from the land. It is in these circumstances, this writ petition is filed. 4. In this writ petition the only relief sought is for a direction to the 4th respondent to consider her application for leasing out the property in her favour and keep in abeyance further proceedings pursuant to Ext.P4 notice, in the meanwhile. 5. Admittedly the lease in question was granted to the late Elizabeth Itty. From Ext.P3 order itself it is obvious that the lease was an inheritable one. If that be so, if the lease has been cancelled and the cancellation has become final, it is certainly open to the authorities to consider the application made by the petitioner for leasing out the property in her favour. However having regard to the fact that the 4th respondent also has an interest in the matter, such a decision can be taken only with notice to the 4th respondent also. W.P.(C) No. 31471 OF 2011 :3 : 6. In such circumstances I dispose of the writ petition directing the 3rd respondent to consider the application made by the petitioner on 24.11.2011 for leasing out the land in question to the petitioner. This shall be with notice to the petitioner and the 4th respondent. It is also directed that a decision on the application shall be taken as expeditiously as possible and at any rate within four weeks from the date of receipt of a copy of this judgment along with a copy of this writ petition. 7. There will be a further direction that in the meanwhile all further proceedings pursuant to Ext.P5 will be kept in abeyance. 8. The petitioner will produce a copy of this judgment along with a copy of this writ petition before the 4th respondent for compliance. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-