Kerala High Court Directs Interim Stay On Eviction Proceedings Against 63-Year-Old Widow Alleged To Have Encroached On Puramboke Land

The matter was heard by Justice Viju Abraham.

The petitioner is a senior citizen and a widow residing in Kulathummal Village along with her daughter (petitioner 2).

The petitioners submitted that they had been in constant possession of the property for more than 40 years and as such, had paid the required building and land tax regularly.

It was submitted that the petitioners were provided with a notice by the respondent who also passed an order directing them to vacate the property or be forcefully evicted on allegation of encroachment of puramboke land.

The petitioners submitted that the proceedings which were initiated under the Kerala Land Conservancy Act, 1957 and Kerala Panchayath Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorized Occupation) Rules, 1996 had no backing of law and is barred by limitation.

Accordingly, in heeding their submissions, the Court passed an interim order of stay.

The plea has been moved through Advocate Nikhil Sankar S

Case Name: Kumari and anr. v. Kattakada Grama Panchayath and ors.

Case Number: WP(C) 2190 of 2024