Kerala High Court
Rasheed vs State Of Kerala
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939
WP(C).No. 7492 of 2018
PETITIONER(S):
1. RASHEED,
S/O.MUHAMMED,AGED 46 YEARS,MUNDAKACHALI
HOUSE,PURAYAR,
DESOM(P.O),ALUVA.
2. VIMI, W/O.RASHEED, MUNDAKACHALI HOUSE,
PURAYAR, DESOM (P.O), ALUVA.
BY ADVS.SRI.NIDHI BALACHANDRAN
SRI.SABU GEORGE
RESPONDENT(S):
1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,REVENUE DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.
2. THE DISTRICT COLLECTOR,
COLLECTORATE,CIVIL STATION,KAKKANAD,ERNAKULAM,
PIN-682030.
3. THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI,ERNAKULAM,PIN-673121.
4. THE THAHASILDAR,
ALUVA TALUK OFFICE,ERNAKULAM,PIN-683563.
5. THE VILLAGE OFFICER,
CHENGAMMANADU VILLAGE OFFICE,DESOM(P.O),ERNAKULAM,
PIN-683102.
6. THE LOCAL LEVEL MONITORING COMMITTEE,
UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET
LAND ACT-2008,CHENGAMMANADU GRAMA
PANCHAYAT,REPRESENTED BY THE CONVENER-683102.
7. AGRICULTURAL OFFICER,
KRISHI BHAVAN,CHENGAMMANADU,DESOM(P.O),
ERNAKULAM,PIN-683102.
8. CHENGAMMANADU GRAMA PANCHAYATH ,
REPRESENTED BY IT'S SECRETARY,DESOM(P.O),
ERNAKULAM,PIN-683102.
R BY GOVERNMENT PLEADER SRI.RAVIKRISHNAN
R BY SRI.ANIL K.MUHAMED, SC, CHENGAMANAD GRAMA PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 7492 of 2018 (J)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE DEED DATED 23/5/17 EVIDENCING TITLE OF THE
PETITIONERS
EXHIBIT P2: TRUE COPY OF APPLICATION DATED 27/2/18 SUBMITTED BY THE
PETITIONERS BEFORE THE 6TH RESPONDENT
EXHIBIT P3: TRUE COPY OF THE TAX RECEIPT OF PETITIONERS PROPERTY COMPRISED
IN 20 CENTS (8.10 ARE COMPRISED IN SY.NO.202/1-3 IN BLOCK NO.8 OF
CHENGAMMANADU VILLAGE IN ALUVA TALUK.
EXHIBIT P4: TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY IN SY.NO.202/1
IN BLOCK NO.8 OF CHENGAMMANADU VILLAGE IN ALUVA TALUK.
EXHIBIT P5: TRUE COPY OF THE DEALER'S LICENSE ISSUED ON 12/11/08 IN THE
PROPERTY SITUATED IN SY.NO.201/1 IN BLOCK NO.8 OF CHENGAMMANADU VILLAGE IN
ALUVA TALUK.
EXHIBIT P6: TRUE COPY OF THE LICENSE FOR THE PERIOD 1/4/08 TO 31/3/09 DATED
24/1/09 ISSUED BY THE 8TH RESPONDENT
EXHIBIT P7: TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED FOR APPLYING FOR
ELECTRIFICATION FOR THE PERIOD 93-94 TO 2013-14 DATED 20/12/14.
EXHIBIT P8: TRUE COPY OF THE DECISION OF THE 8TH RESPONDENT DATED 10/11/09
EXHIBIT P9: TRUE COPY OF THE ELECTRICITY BILL EVIDENCING THE FACT THAT
BUILDINGS IS HAVING LT-4 ELECTRICITY CONNECTION IN THE YEAR 2012.
EXHIBIT P10: TRUE COPY OF THE RECEIPT OF LICENSE FEES PAID FOR
CONDUCTING BRICK BUSINESS IN THE PROPERTY SITUATED IS SY.NO.201/1 IN BLOCK
NO.8 OF CHENGAMMANADU VILLAGE IN ALUVA TALUK.
EXHIBIT P11: TRUE COPY OF THE PHOTOGRAPHS SHOWING THE NATURE AND LIE OF
THE PROPERTY.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.7492 OF 2018 (J)
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Dated this the 6th day of March, 2018
JUDGMENT
The petitioners have preferred Ext.P2 application before the 6 th respondent, seeking a deletion of their land comprising of 20 cents [8.10 Ares] of land in Sy.No.202/1-3 of Block No.8 of Chengammanadu Village in Aluva Taluk from the Land Data Bank prepared for the region. The limited prayer of the petitioners in the writ petition is for a direction to the 6th respondent to consider and pass orders on the same, expeditiously, after hearing the petitioners.
2. I have heard the learned counsel for the petitioners as also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 6th respondent to consider and pass orders on Ext.P2 application, preferred by the petitioners, within a period of three months from the date of receipt of a copy of this judgment, after W.P.(C).No.7492/2018 2 hearing the petitioners. The petitioners shall produce a copy of the writ petition along with a copy of this judgment, before the 6 th respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/6/3/18