JUDGMENT

Dated this the 13th day of July 2022 This writ petition is filed by the petitioner seeking the following reliefs:

“(i) Call for the entire records from the respondents pertaining to the issues raised in the writ petition;

(ii) issue a writ, order or direction in the form of a declaration that the petitioner is eligible to get her residential property assigned in terms with Ext.P11 and related Government Orders, the special enactment and Rules;

(iii) issue a writ of mandamus directing the 2nd respondent to grant assignment on registry to the residential holding of the petitioner pursuant to the application of the petitioner, in terms of Ext.P11 Government Order and Rules while considering the applications submitted by the petitioner;

(iv) issue a writ of mandamus directing the respondents not to dispossess the petitioner and family from their house building No.12/253 in house plot comprised in Sy.No.20/1 of KDH Village covered by Ext.P1 and P11 documents during the pendency of the proceedings.”

2. According to the petitioner, petitioner and her family are permanently residing in the address shown in the writ petition. Even though they were residing in the property for long, in spite of submission of an application for assignment of an extent of 10 cents of property situated in Sy.No.20/1 of KDH village, the same is not considered. It is also submitted that a building was constructed in the said property and at a later point of time, some coercive action was taken to evict the petitioner from the property in question and from the residential building. It was thus being aggrieved, this writ petition is filed.

3. A detailed counter affidavit is filed by the Tahsildar, Devikulam Taluk – respondent No.4 wherein the following contentions are raised:

“2. It is submitted that petitioner, Sandhya Biju, D/o Sukumaran, Koodarathil House, Devikulam, Pin-6855613 is the resident of KDH Village, Devikulam. The petitioner has got the house in the encroached Government land in illegal manner. The extent of 00.04.05 hector land comprised in Survey No.20/1 part containing the area of 137.59.70 acre Government Poramboku. The petitioner illegally encroached the Government land and continues the construction of the house for home-stay purpose in the said property without obtaining the permission from the concerned authorities. Under these circumstances, the Deputy Tahsilar KDH Village Office issued the stop memo to the petitioner were directed to stop the construction in that place. The direction had been violated by the petitioner, the KDH Village Officer has evicted the petitioner with the help of the DLPF on 29.4.2016 afternoon. At this time of eviction, there was protection from the local people against this act, and the eviction process stopped by the officers. The petitioner is the casual labourer in the Adventure Academy Devikulam. Also the petitioner's husband is the casual driver in the Forest department. The petitioner is also residing besides the said property. The same case had been instituted against the petitioner's mother Smt. Shyamala by the KDH-Village Office. At that time Smt. Shyamala filed a case before the Hon'ble High Court and the Hon'ble Court quashed the case. The process is continuing through the petitioner.

3. This respondent specifically denies all the averments and allegations contained in the writ petition except those which are expressly and specifically admitted here under:- The petitioner has encroached the Government land comprised in the survey no 20/1. No Patta is issued to the petitioner till the date to the said property. The petitioner's parents encroached the Government land in an illegal manner. The possession certificate issued to the people were cancelled by the District Collector. So the claim of the petitioner is illegal. No rights vested in the petitioner's mother while transferring Government land to her daughter. All the encroachers in the KDH Village submit the application for the Assignment Land. Un