SUBAIDA ABDUL RASHEED Vs. STATE OF KERALA REPRESENTED BY THE SECRETARY GOVERNMENT OF KERALA SECRETARIAT TRIVANDRUM

JUDGEMENT

(1.) THE petitioners are grand daughters of late Abubecker. That Abubecker was in possession of certain properties, which are the subject matter of this writ petition. On the death of that Abubecker, the same devolved by succession on the petitioners. THE petitioners are in occupation of the same and are residing in a hut therein. THE said property is included in the area where the Padmanagar Residents' Association have properties. According to the petitioners, the members of the said Padmanagar Residents' Association have been trying to evict the petitioners by resorting to all sorts of illegal means. THEy even filed a suit, in which, they have not succeeded, in respect of which, proceedings are pending before this Court. In the meanwhile, hired goondas demolished a portion of the petitioners' hut as well. According to the petitioners, when all other means to evict the petitioners from the property in question failed, the Padmanagar Residents' Association instigated the Revenue authorities to initiate proceedings under the Kerala Land Conservancy Act, pursuant to to which, Ext.P30 notice under the Kerala Land Conservancy Act has been issued. THE petitioners have filed a reply to the same. THE petitioners apprehend immediate eviction pursuant to the proceedings. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs;

(2.) A counter affidavit has been filed by the 2nd respondent, wherein the stand taken is that the property in the possession of the petitioners comprises of road puramboke and it is pursuant to the direction issued by the Minister of Revenue that proceedings were initiated under the Kerala Land Conservancy Act to evict the petitioners from the said puramboke land.

(3.) THE 2nd respondent shall pass final orders in the application for assignment referred to in paragraph 4 of the counter affidavit, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Proceedings pursuant to Ext.P30 notice shall be continued only after orders are passed on the application for assignment as directed above, that too, only if the 2nd respondent decides the application for assignment against the petitioners.