Kerala High Court
K.H.Abdul Majeed vs N.A.Shareefa on 5 August, 2013
Author: K.M. Joseph
Bench: K.M.Joseph, A.Hariprasad
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
FRIDAY, THE 6TH DAY OF DECEMBER 2013/15TH AGRAHAYANA, 1935
WA.No. 1374 of 2013 () IN WP(C).19431/2013
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AGAINST THE ORDER IN WP(C) 19431/2013 of HIGH COURT OF KERALA DATED 05-08-2013
APPELLANT(S)/R8-13 IN WPC:
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1. K.H.ABDUL MAJEED
S/O.HASSAN, ILLICKAL HOUSE
VAIKOM MUHAMMED BASHEER (VMB) ROAD, PATHADIPALAM
CHANGAMPUZHA NAGAR P.O., KOCHI-682033.
2. NOORJAHAN
W/O.ABDUL MAJEED, ILLICKAL HOUSE
VAIKOM MUHAMMED BASHEER (VMB) ROAD, PATHADIPALAM
CHANGAMPUZHA NAGAR P.O., KOCHI-682033.
3. K.H.MOHAMMEDALI
S/O.HASSAN, ILLICKAL HOUSE
VAIKOM MUHAMMED BASHEER (VMB) ROAD, PATHADIPALAM
CHANGAMPUZHA NAGAR P.O., KOCHI-682033.
4. K.H.ABDUL SALAM
S/O.HASSAN, ILLICKAL HOUSE
VAIKOM MUHAMMED BASHEER (VMB) ROAD, PATHADIPALAM
CHANGAMPUZHA NAGAR P.O., KOCHI-682033.
5. K.H.LAILA (ASYA)
W/O.KUNHUMUHAMMED, KANDAYATH MADHOM
OPPOSITE SALAFI MASJID, ANIKKAD JUNCTION, KUTTAMASSERY
THOTTUMUGHAM
ALUVA 683105 ALSO HAVING ADDRESS ATD/O.HASSAN
ILLICAL HOUSE, VAIKOM MUHAMMED BASHEER (VMB) ROAD
PATHADIPALAM, CHANGAMPUZHA NAGAR P.O.,KOCHI-682033
6. K.H.SAUDA
W/O.HAMEED, CHENNAMPILLY HOUSE, P.K.B.NAGAR
COCHIN UNIVERSITY P.O.
ALSO HAVING ADDRESS ATD/O.HASSAN, ILLICKAL HOUSE
VAIKOM MUHAMMED BASHEER (VMB) ROAD, PATHADIPALAM
CHANGAMPUZHA NAGAR P.O., KOCHI-682033.
BY ADVS.SRI.M.P.RAMNATH
SRI.P.RAJESH (KOTTAKKAL)
SMT.UMA R.KAMATH
SMT.S.SANDHYA
WA.No. 1374 of 2013 - 2 -
RESPONDENT(S)/PETITIONERS & R1-7 & 14-21 IN WPC:
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1. N.A.SHAREEFA
24/203 W/O.KADER PILLA, ANJIKKATHU HOUSE, VMB ROAD
PATHADIPPALAM, COCHIN-682033.
2. A.K.NAZER
24/203, S/O.KADER PILLA, ANJIKKATHU HOUSE
VMB ROAD, PATHADIPPALAM, COCHIN-682033.
3. NOUSHAD A.K.
24/203, S/O.KADER PILLA, ANJIKKATHU HOUSE
VMB ROAD, PATHADIPPALAM, COCHIN-682033.
4. SHIMITHA
W/O.NOUSHAD, ANJIKKATHU HOUSE, VMB ROAD
PATHADIPPALAM, COCHIN-682033.
5. STATE OF KERALA
REPRESENTED BY THE SECRETARY
MINISTRY OF HOME AFFAIRS, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM-695001.
6. THE LAND REVENUE COMMISSIONER
O/O.LAND REVENUE COMMISSIONER
PUBLIC OFFICE BUILDING, PIN-695033.
7. THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, COCHIN-682030.
8. THE DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695014.
9. THE ADDITIONAL DIRECTOR OF POLICE
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695014.
10. THE ADDITIONAL DIRECTOR GENERAL OF POLICE (INTELLIGENCE)
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695014.
11. THE ADDITIONAL DIRECTOR GENERAL OF POLICED (INTELLIGENCE)
POLICE HEAD QUARTERS, THYKKAD
THIRUVANANTHAPURAM-695014.
12. THE INSPECTOR GENERAL OF POLICE
KOCHI RANGE, O/O.INSPECTOR GENERAL OF POLICE
SHANMUGHAM ROAD, COCHIN-682031.
13. THE DIRECTOR
VIGILANCE AND ANTI CORRUPTION BUREAU
VIKAS BHAVAN P.O.,PIN-695033.
WA.No. 1374 of 2013 - 3 -
14. SABU
VILLAGE OFFICER, THRIKKAKARA NORTH VILLAGE
PIN-682014.
15. MURAD
SPECIAL VILLAGE OFFICER
NOW IN KANAYANNUR TALUK OFFICE BUILDING, TAX SESSION
KOCHI-682011.
16. SUNILAL
NEW TAHSILDAR, FORT KOCHI, TALUK OFFICE
FORT KOCHI-682001.
17. KRISHNAKUMARI
ADDL.TAHSILDAR, FORT KOCHI, TALUK OFFICE
KOCHI-682011.
18. SALEEMRAJ S.
S/O.SAYEED, FLAT NO.16 PALAYAM POLICE QUARTERS
VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM-695033 (EX GUN-MAN
O/O. THE CHIEF MINISTER, STATEOF KERALA
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695033.
19. SHAMSHAD
W/O.SALEEMRAJ, FINANCE II, LAND REVENUE COMMISSIONER
PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695033.
20. DILEEP K.K.
S/O.KAMALADHARAN, KOOHAPPILLI HOUSE, RING COLONY
T.D.SANNIDHI ROAD, NEAR KARUNAKUDAM TEMPLE
THIRUVANANTHAPURAM, THIRUVANANTHAPURAM-695033.
21. THE DIRECTOR
CENTRAL BUREAU OF INVESTIGATION, CBI HEAD QUARTERS
TRIVANDRUM-
R1 -R 4 BY ADV. SRI.DINESH R.SHENOY
R5 TO 13 BY GOVERNMENT PLEADER SRI. ABOOBACKER
R14,R15 BY ADV. SRI.T.K.AJITHKUMAR (VALATH)
R20 BY ADV. SRI.S.ANANTHAKRISHNAN
R20 BY ADV. SRI.N.K.SUBRAMANIAN
R21 BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06-12-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No. 1374 of 2013
APPENDIX
PETITIONER'S EXHIBITS :
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ANNEXURE - 1 : COPY OF THE WRITTEN SUBMISSIONS DATED 3.7.2013 FILED BY
THE 4TH APPELLANT HEREIN K.H.ABDUL SALAM BEFORE THE
LAND REVENUE COMMISSIONER ATR THE HEARING ON 4.7.2013
ANNEXURE - 2 : COPY OF THE CERTIFIED COPY OBTAINED FROM REGISTRAR'S
OFFICE OF ETHIRU PATTACHIT NO.2909/1102ME SRO ALANGAD
EXECUTEDBY THE LESSEE-ALIYARUKUNJU @ BAVA IN FAVOUR
OF THE JENMI-ELANGALLOOR SWAROOPAM VALIYARAJAWITH
A READABLE FAIR COPY OF THE SAME AND DUE ENGLISH
TRANSLATION.
RESPONDENT'S EXHIBITS :
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NIL
// TRUE COPY //
P.A. TO JUDGE
sou.
K. M. JOSEPH & A. HARIPRASAD, JJ
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W.A. No. 1374 OF 2013
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Dated this the 6th day of December, 2013
J U D G M E N T
K.M. Joseph, J The appeal is filed by the respondents 8 to 13 in the writ petition, which was filed for seeking CBI investigation under court supervision. The impugned decision is an interim order. Against the same, the State had carried the matter in appeal (W.A.1208 of 2013). We disposed of the said appeal as follows :
"Appellants are the State and its officers. The appeal is filed against the interim order by which the learned Single Judge granted the interim order as sought for.
What was sought for by the Writ Petitioner was as follows :
"Writ petition (civil) praying inter alia that in the circumstances stated in the affidavit filed along with the WP(c) the High Court be pleased to
(a) direct the 3rd or 4th respondent immediately submit requisition before the concerned telephone companies and to take custody of the telephonic records, including voice records of respondents 6, 7 and 26 to 32 for the concerned period, without any further delay, pending disposal of the above writ petition (civil) and
(b) direct respondents 3 or 4 to seize and take into custody the Thandaper Register of Kadakampally village, Thiruvananthapuram, pending disposal of the above writ petition (civil)."
2. When the matter came up, learned Advocate General would submit that in the course of the hearing of the Writ petition, from which the Writ Appeal arises, WA.No.1374/13 2 learned single Judge passed the following order :
"There will be an interim order as prayed for. File counter, if any, within two weeks."
The prayer was as follows :
"In the circumstances stated in the affidavit filed therewith the High Court be pleaded to issue an order directing the Additional respondents 34 to 38 to retain the call records including voice records of respondents 6, 7 and 26 to 32 including from telephone nos. given in paragraph 3 of the Writ petition from January 2011 onwards, as amended, till the disposal of the above writ petition (civil)."
He would submit that in the light of the same, no further orders are required in this case.
3. We heard the leaned counsel for the Writ Petitioner also. Learned counsel for the Writ Petitioner would submit that the Writ Petitioner would be relying on the aforesaid order passed by the learned Single Judge.
4. In the light of the submission of the learned Advocate General, we close this appeal, but make it clear that it will be open to all the parties to urge all the contentions before the learned Single Judge and it is for the learned single Judge to take a decision in the matter." We feel that in the light of the same no further orders need be passed. The appeal is closed.
Sd/-
K. M. JOSEPH, JUDGE Sd/-
A. HARIPRASAD, JUDGE.
Sou.
// True copy //