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. 13100 of 2006(H) -------------------------- PETITIONER(S): ----------------------- AAMINA BEEVI, W/O.LATE MYTHEEN KUNJU, KARIPPOO KIZHAKKATHIL, KUREEPPUZHA, KAVANADU P.O. KOLLAM. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): ------------------------- 1. THE TAHSILDAR, KOLLAM, KOLLAM DISTRICT. 2. THE VILLAGE OFFICER, KOLLAM WEST VILLAGE KOLLAM DISTRICT. SR.GOVT.PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13100/06 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF POSSESSION CERTIFICATE DTD 14.7.03 ISSUED BYTHE TAHSILDAR, KOLLAM TO THE PETITIONER. EXT.P2: TRUE COPY OF RELEVANT PAGE OF RATION CARD OF THE PETITIONER. EXT.P3: TRUE COPY OF THE ELECTION IDENTITY CARD OF THE PETITIONER. EXT.P4: TRUE COPY OF THE ELECTION IDENTITY CARD ISSUED TO THE PETITIONER'S SON AMANULLA. EXT.P5: TRUE COPY OF THE ELECTION IDENTITY CARD ISSUED TO THE PETITIONER'S YOUNGER SON SHIHABUDDIN. EXT.P6: TRUE COPY OF DEATH CERTIFICATE PERTAINING TO THE PETTIONER'S HUSBAND ISSUED FROM THE MUTHIRA PARAMBU MUSLIM JAMA-ATH. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 13100 OF 2006 ===================== Dated this the 25th day of November, 2011 J U D G M E N T Petitioner seeks a declaration that she and her family members are entitled to reside in house No.1262 in Ward No. VI of Kollam Corporation situated in 0.19 ares of land comprised in Sy.No.147 of Kollam West Village. The only document produced by the petitioner to justify her possession is Ext.P1 possession certificate. 2. Learned Government Pleader submits that the land in question is a Devaswom land and that in DBA 162/05, this Court directed the revenue authorities to measure the encroached area including that in the possession of the petitioner and evict unauthorised occupants. It is stated that, accordingly the property was measured and on finding that the petitioner was in unauthorised occupation, notice was issued and it was thereupon the writ petition is filed. 3. Since notice issued to the petitioner was on the basis of directions issued by this Court, the proceedings initiated cannot be said to be unjustified. Therefore, it is for the petitioner to WPC No. 13100/06 :2 : respond to the notice and if reply is filed, it is up to the 1st respondent to hear the petitioner and pass appropriate orders in the matter. With that liberty, the writ petition is disposed of. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge