Kerala High Court
Muhammed Ali vs The District Collector
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 20TH DAY OF MARCH 2018 / 29TH PHALGUNA, 1939
WP(C).No. 11551 of 2007
PETITIONER:
MUHAMMED ALI, S/O.ABDULLA (LATE),
PALAKURISSI PUTHANPEEDIYEKKAL HOUSE,VALLAPUZHA,
PALAKKAD DISTRICT.
BY ADV.SRI.BABU S. NAIR
RESPONDENT(S):
1. THE DISTRICT COLLECTOR,
PALAKKAD.
2. THE TAHSILDAR, OTTAPALAM,
PALAKKAD DISTRICT.
3. THE VILLAGE OFFICER,
VALLAPUZHA VILLAGE, PALAKKAD DISTRICT.
*ADDL. R4 IMPLEADED
*ADDL. R4: VALLAPUZHA GRAMA PANCHAYATH,
REPRESENTED BY ITS PRESIDENT ,
VALLAPUZHA, PALAKKAD DISTRICT
*ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 11.11.09
IN IA NO. 14162/09
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.B.VINOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-03-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 11551 of 2007
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FATHER
OF THE PETITIONER TO THE 1ST RESPONDENT DT, 22-10-1982.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT
COLLECTOR, PALAKKAD DATED,NIL AS NO. LRG2.30434/98
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED ,11-9-1988
SUBMITTED BY THE FATHER OF THE PETITIONER TO THE 2ND
RESPONDENT 9 & 10.
EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT
DATED, 29-12-2004.
EXHIBIT P5 TRUE COPY OF THE FIELD MAP OF THE PROPERTIES OF THE
PETITIONER ISSUED FROM THE VILLAGE OFFICE, VALLAPUZHA
DATED 28.12.2004.
EXHIBIT P6 TRUE COPY OF THE LOCATION PLAN OF THE PROPERTIES OF THE
PETITIONER ISSUED FROM THE VILLAGE OFFICE, VALLAPUZHA
DATED 28.12.2004.
RESPONDENT'S EXHIBIT NIL
/TRUE COPY/
PA TO JUDGE
PBS
24/3/2018
A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.11551 of 2007
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Dated this the 20th day of March, 2018
JUDGMENT
The petitioner approached this Court with the following reliefs:
i. Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to take a final decision on the request of the petitioner to assign the proprieties comprised in Survey Nos.99/1A and 94B/3A of the Vallappuzha Village, without any further delay. ii. Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the respondents not to dispossess the family of the petitioner from the properties comprised in Survey Nos.99/1A and 94B/3A of the Vallappuzha Village.
iii. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. According to the petitioner, the application is pending now before the Tahsildar, Pattambi. W.P.(C) No.11551 of 2007 2
3. The learned Government Pleader would submit that no such application is pending. According to the learned Government Pleader, the entire record which was transmitted to Malabar District Board is untraceable.
4. This Court is of the view that the petitioner is free to approach the competent jurisdictional Tahsildar with a fresh application. In that, the petitioner can set out all the details of the earlier report, sketch etc. While taking a decision on such application, the Grama Panchayath, the additional fourth respondent shall also be heard. Appropriate decision shall be taken within six months of filing such application. In the meanwhile, status quo shall be maintained. However, if the petitioner fails to move the Tahsildar within one month from the date of receipt of a copy of this judgment, official respondents are free to take appropriate action in accordance with law.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln