Kerala High Court
Muhammad Ashraf vs The State Of Kerala
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 19TH DAY OF APRIL 2016/30TH CHAITHRA, 1938
WP(C).No. 15242 of 2016 (E)
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PETITIONER(S):
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1. MUHAMMAD ASHRAF,
AGED 35 YEARS, S/O.KALLUMURIKKAL ABDU HAJI,
KALLUMURIKKAL HOUSE, KOODALLOOR (P.O),
PALAKKAD DISTRICT.
2. RASEENA,
AGED 28 YEARS, W/O.MUHAMMED ASHRAF,
KALLUMURIKKAL ABDU HAJI,
KALLUMURIKKAL HOUSE, KOODALLOOR (P.O),
PALAKKAD DISTRICT.
BY ADV. SRI.K.DILIP
RESPONDENT(S):
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1. THE STATE OF KERALA,
REP. BY ITS SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE LOCAL LEVEL MONITORING COMMITTEE
CONVENED BY THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, ANAKKARA GRAMA PANCHAYAT,
KUMBIDI(P.O), PALAKKAD DISTRICT - 679 553.
3. THE SECRETARY,
ANAKKARA GRAMA PANCHAYAT,
KUMBIDI(P.O), PALAKKAD DISTRICT - 679 553.
4. THE DISTRICT COLLECTOR,
PALAKKAD DISTRICT - 678 001.
5. THE VILLAGE OFFICER,
ANAKKARA VILLAGE,
PALAKKAD DISTRICT - 679 553.
BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-04-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
msv/
WP(C).No. 15242 of 2016 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 : A TRUE COPY OF THE ASSIGNMENT DEED NO.1676/2011 OF S.R.O,
THRITHALA DATED 17.03.11.
P2 : A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR
OF THE PETITIONERS DATED 29.10.14.
P3 : A TRUE COPY OF THE CERTIFICATE ISSUED IN FAVOUR OF THE
PETITIONERS BY THE 3RD RESPONDENT DATED 21.06.2014.
P4 : A TRUE COPY OF THE AFFIDAVIT DATED 29.10.14.
P5 : A TRUE COPY OF THE SURVEY FIELD MAP DATED 01.10.11 ISSUED
BY THE 4TH RESPONDENT.
P6 : A TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT TO
THE 1ST PETITIONER DATED NIL.
P7 : A TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE
4TH RESPONDENT DATED 21.03.2016.
RESPONDENT(S)' EXHIBITS:
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NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
SHAJI P. CHALY, J.
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W.P.(C). No.15242 of 2016
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Dated this the 19th day of April, 2016
JUDGMENT
Petitioner has suffered with Ext.P6 order passed by the respective authority under the Conservation of Paddy Land and Wetland Act, 2008. Aggrieved by the same, petitioner has preferred Ext.P7 appeal before the 4th respondent and the same is pending consideration. In this writ petition, petitioner seeks early disposal of Ext.P7 appeal.
2. Having gone through Ext.P7 appeal, I am of the considered opinion that petitioner shall file a proper appeal in a more erudite manner so as to enable the 4th respondent to consider the same in accordance with law. Petitioner is permitted to file a proper appeal within a period of two weeks from the date of receipt of a copy of this judgment. If and when the 4th respondent receives a proper appeal, 4th respondent shall take into consideration Ext.P4 and the proposed appeal that is directed to be filed by the petitioner by this court and pass a W.P.(C). No.15242 of 2016 2 decision in accordance with law within a period of three months from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY
//true copy// JUDGE
P.A. To Judge
smv
20.04.2016