IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 16311 of 2007(P) -------------------------- PETITIONER(S): --------------- SMT.MARIYAMMA, W/O.LATE THOMAS, AGED 86 YEARS, MUKKATTUKUNNEL HOUSE, MAYAPPARA KARA, AKAMALAVARAM, ANAKKALLU P.O., MALAMPUZHA, PALAKKAD DIST. BY ADV. SRI.T.V.GEORGE SRI.K.N.BALACHANDRA KAIMAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE REVENUE SECRETARY, GOVT. SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, CIVIL LINES, PALAKKAD. 3. TAHSILDAR, TALUK OFFICE, PALAKKAD. 4. VILLAGE OFFICER, VILLAGE OFFICE, MALAMPUZHA-I, PALAKKAD. GOVERNMENT PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 16311/2007. --------------------------------------------------------------------- EXT.P1 TRUE COPY OF PURCHASE CERTIFICATE. EXT.P2 AFFIDAVIT AND RESTORATION PETITION. EXT.P3 AFFIDAVIT AND DELAY CONDONATION PETITION. EXT.P4 TAX PAID RECEIPT FOR 1984-85. EXT.P5 TAX PAID RECEIPT FOR 1995-96. EXT.P6 PURCHASE CERTIFICATE DT. 3-6-1982. EXT.P7 TAX PAID RECEIPT FOR 1995-96. EXT.P8 AFFIDAVIT AND RESTORATION PETITION. EXT.P9 AFFIDAVIT AND DELAY CONDONATION PETITION. EXT.P10 DEMAND NOTICE DT. 26-5-2007. EXT.P11 NOTICE DT. 26-5-2007. EXT.P12 REPORT DT. 17-1-2003. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 16311 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th day of August, 2010. J U D G M E N T The petitioner purchased 2 acres of land in Malampuzha village in the year 1980 and started cultivation therein. Subsequently, the petitioner applied for assignment of the land as a cultivating tenant and the Land Tribunal, Ottappalam in SM proceedings issued Ext. P1 certificate of purchase, by which 2 acres of property was assigned in favour of the petitioner. The petitioner's late husband Sri. Thomas also purchased 5 acres near the petitioner's property and started cultivation in the year 1970 He also obtained Ext. P6 certificate of purchase for 5 acres of land. Against those certificates of purchase, the State filed A.A. 55/93 and 53/93 before the land reforms appellate authority. Those appeals were dismissed for default. The State filed petitions for restoration of the same along with a petition to condone delay in the year 2003. Those are pending. On the death of the petitioner's husband, the petitioner became the owner of the 5 acres covered by Ext. P6 also. While so, the respondents initiated proceedings under the Kerala Land Conservancy Act for eviction of the petitioner from the properties covered by Exts.P1 and P6 on the ground that she has encroached into Government land. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) Call for the entire records relating to the above case; (ii) issue a writ of certiorari or any other appropriate writ, direction or order, quashing Ext. P10 and P11 eviction notices issued by the Tahsildar, Palakkad as the same are highly wrong, illegal and unjust. (iii) issue a writ of mandamus commanding the respondents not to forcibly evict the petitioner or disturb her peaceful possession W.P.C. No. 16311/2007 -: 2 :- and enjoyment of the property in view of existence of Ext. P1 and P6 purchase certificates. (iv) issue a writ of mandamus commanding respondents not to initiate any coercive eviction steps against the petitioner unless and until a competent authority to set aside or cancel Ext. P1 and P6 purchase certificates.” 2. A counter affidavit has been filed taking the stand that the property in question is vested forest. But the existence of the certificates of purchase Exts.P1 and P6 are not disputed. They also do not dispute the fact that appeal filed by the State against the certificates of purchase has been dismissed against which restoration applications are pending. In fact, in the counter affidavit, it is stated that a hearing of the case was posted to 11-6-2010. The learned Government Pleader submits that nothing has happened therein even now. 3. I have considered the rival contentions in detail. 4. I am of opinion that as long as Exts.P1 and P6 certificates of purchase stand, the Government cannot take the stand that the properties covered by the said certificates of purchase are Government lands and initiate proceedings under the Kerala Land Conservancy Act to evict the petitioner therefrom. As such, the impugned notices are clearly unsustainable as on today. Of course, if the State succeeds in the proceedings pending before the Appellate Authority, they may have a right in respect thereof. But, not now, since Exts.P1 and P6 certificates of purchase are still valid. Accordingly, Exts.P10 and P11 notices are quashed. It is declared that as long as Exts.P1 and P6 certificates of purchase stand, the respondents cannot evict the petitioner from the property covered W.P.C. No. 16311/2007 -: 3 :- by those certificates of purchase. However, it would be open to the respondents to take appropriate proceedings as and when they succeed in getting the certificates of purchase cancelled. Sd/- S. Siri Jagan, Judge. Tds/