Kerala High Court
Unknown vs By Adv.Sri.A.Ahzar
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 23RD DAY OF JULY 2018 / 1ST SRAVANA, 1940
WP(C).No. 3589 of 2018
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PETITIONER
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ANSAR BASHEER,
AGED 32 YEARS, S/O MUHAMMED BASHEER,
PUTHENVILA VEEDU, MUTTAKKAVU CHERI, NEDUMBANA P.O.,
NEDUMBANA VILLAGE, KOLLAM DISTRICT, PIN:691580.
BY ADV.SRI.A.AHZAR
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
COLLECTORATE, CUTCHERY P.O.,
KOLLAM DISTRICT-691 013.
2. REVENUE DIVISIONAL OFFICER,
COLLECTORATE, CUTCHERY P.O., KOLLAM DISTRICT 691013.
3. TAHSILDAR (LAND RECORDS),
TALUK OFFICE, KOLLAM DISTRICT-691001.
4. VILLAGE OFFICER,
NEDUMBANA VILLAGE, NEDUMBANA P.O.,
KOLLAM DISTRICT-691580.
5. TALUK SURVEYOR,
KOLLAM TALUK, KOLLAM DISTRICT-691001.
6. LOCAL LEVEL MONITORING COMMITTEE,
NEDUMPANA P.O., KOLLAM,
REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
AGRICULTURAL DEPARTMENT, NEDUMPANA P.O., KOLLAM-691580.
BY GOVERNMENT PLEADER SRI PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 3589 of 2018 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF THE SETTLEMENT DEED AND SALE DEED
NO.2686/2012 OF THE KANNANALLOOR SUB REGISTRY,
KOLLAM.
EXHIBIT P2: TRUE COPY OF THE RELEVANT PAGE OF THE
THANDAPPER ACCOUNT OF THE PETITIONERS WITH
THANDAPPER NO.9461 OF THE NEDUMBANA VILLAGE.
EXHIBIT P3: TRUE COPY OF THE RELEVANT PAGE OF THE
THANDAPPER ACCOUNT WITH THANDAPPER NO.2633 OF
THE NEDUMBANA VILLAGE.
EXHIBIT P4: TRUE COPIES OF THE POSSESSION CERTIFICATES
DATED 10.3.2006, 17.2.2007 AND 11.3.2008.
EXHIBIT P5: TRUE COPY OF THE POSSESSION CERTIFICATE
NO.1091/16 DATED 22.3.2016 ISSUED BY THE VILLAGE
OFFICER, NEDUMBANA.
EXHIBIT P6: TRUE COPY OF THE APPLICATION DATED 23.12.2016
SUBMITTED BEFORE THE 4TH RESPONDENT.
EXHIBIT P7: TRUE COPY OF THE REPORT NO.4227/16 DATED 24.12.2016
OF THE VILLAGE OFFICER, NEDUMBANA.
EXHIBIT P8: TRUE COPY OF THE COMMUNICATION NO.C13.29954/16
DATED 10.1.2017 ISSUED TO THE IST RESPONDENT BY
THE 3RD RESPONDENT.
EXHIBIT P9: TRUE COPY OF THE COMMUNICATION NO.SURVEY
6-1814/17 DATED NIL ISSUED TO THE 2ND RESPONDENT
BY THE SURVEY DEPUTY DIRECTOR, KOLLAM.
EXHIBIT P10: TRUE COPY OF THE COMMUNICATION NO.A-2367/17
DATED 23.2.2017 ISSUED BY THE SUB COLLECTOR,
KOLAM TO THE 3RD RESPONDENT.
EXHIBIT P11: TRUE COPY OF THE COMMUNICATION NO.C.1-29954/16
DATED 20.3.2017 ISSUED BY THE 3RD RESPONDENT TO
THE 4TH RESPONDENT.
EXHIBIT P12: TRUE COPY OF THE COMMUNICATION NO.123/17 DATED
28.3.2017 ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P13: TRUE COPY OF THE COMMUNICATION NO.L4-16093/17
DATED 28.4.2017 ISSUED BY THE IST RESPONDENT TO
THE 3RD RESPONDENT.
EXHIBIT P14: TRUE COPY OF THE NOTICE NO.C13.29954/16 DATED
23.11.2017 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONERS.
WP(C).No. 3589 of 2018 (W)
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EXHIBIT P15: TRUE COPY OF THE ORDER NO.C13.29954/16 DATED
21.12.2017 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
RESPONDENTS EXHIBITS: NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
24.07.2018
SHAJI P. CHALY, J.
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W.P.(C) No.3589 of 2018
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Dated this the 23rd day of July, 2018
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
i) Call for the records leading to Ext.P15 and quash the same by issuing a writ in the nature of certiorari or any other appropriate writ, order or direction.
ii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to classify the properties of the petitioner having an extent of 18.25 Ares comprised in Resurvey No.119/25 and an extent of 3.60 Ares of land comprised in Resurvey No.119/1, in Block No.21 of Nedumbana Village in Kollam District, as b