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2024 Supreme(Ker) 334

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Tessy Jimmy, W/o. Jimmy Zachariah – Appellant
Versus
State of Kerala, Represented By Its Secretary, Revenue Department – Respondent


Advocates Appeared:
For the Petitioners: Deepu Thankan, Smt. Ummul Fida, Smt. Lakshmi Sreedhar, Peeyus A. Kottam, Ragesh Chand R.G., Krishnan P.B., P.B. Subramanyan, Sabu George, B. Anusree, Manu Vyasan Peter, Chithira Venugopal, Deepa Noble.
For the Respondents: Shri. K.P. Jayachandran, Addl. Adv. General, Sr. Govt. Pleader Shri Jafferkhan, Shri Y. Jafarkhan, Sr. G.P.

JUDGMENT :

A. Muhamed Mustaque, J.

These cases are posted before us as we are dealing with public interest litigation in regard to removal of encroachment and issuance of illegal patta in Munnar. These matters are placed before us as per the order of the Hon’ble Chief Justice. We shall advert to the individual facts of the cases.

2. W.P.(C).Nos.22215/2020 and 35218/2022: The petitioner, approached this Court alleging that her property was illegally resumed by respondents, and further that the Additional Tahsildar, Udumbanchola, cancelled thandaper (mutation) stating that the title of the patta claimed by her is a bogus one. These writ petitions were filed by Beena Josey. Beena Josey claims that she along with her two children are owners and in possession of 1 acre and 61 cents of land comprised in Survey No.34/1 in Chinnakanal Village. According to her, the revenue authority as per TP No.2742 mutated land in their favour. She claims that her late husband Josey Thomas purchased the property from Mariyamma Erulappan, Shanmugha Vilasam, Suryanelli. It is claimed that the above said Mariyamma Erulappan obtained patta as per the proceedings in LA.No.59/1972 dated 26/10/1976. Mariyamma Er

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