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2026 Supreme(Online)(Ker) 16210

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
MUHAMMED HARIS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.JAYESH MOHANKUMAR, SRI.PUSHPARAJAN KODOTH, SMT.VANDANA MENON, SRI.VIMAL VIJAY
For the Respondents: SRI.RIYAL DEVASSY

Table of Content
1. challenge to eviction under land law. (Para 2)
2. pending applications affect enforcement actions. (Para 3)

JUDGMENT

Since similar contentions are raised in these writ petitions, they are heard together and disposed of by a common judgment.

2. Essentially, the petitioners challenge the proceedings initiated as per the provisions of the Kerala Land Conservancy Act , 1957 seeking to evict the petitioners from the Government land alleging that they have unauthorisedly encroached upon the same. The contention of the petitioners is that the petitioners have submitted applications for assignment of land before the 4th respondent-Tahsildar, namely, Ext.P1 in WP(C) No.5159 of 2021 and Ext.P6 in WP(C) No.5160 of 2021, which are stated to be still pending consideration. The petitioners submit that in respect of a similarly situated person, a favourable order has been issued by the District Collector vide Ext.P5 order produced in WP(C) No.5160 of 2021 considering the indigent circumstance of the applicant and her eligibility for availing Government land on assignment, the encroachment made by constructing a dwelling house was ordered to be regularised by assigning the said l

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