Kerala High Court
Dr. Shamsuddeen vs State Of Kerala on 25 January, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.2779/2024 1/3 Order Date : 25-01-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 25th day of January 2024 / 5th Magha, 1945
WP(C) NO. 2779 OF 2024
PETITIONER:
DR. SHAMSUDDEEN, AGED 54 YEARS, S/O MOHAMMED,KALAPPEEDIKAYIL,
PURAMERI P. O.,KOZHIKODE DISTRICT, KERALA,CURRENTLY RESIDING AT: NO.
5, CENOTAPH ROAD, 1ST LANE, ALWARPET, TEYNAMPET, CHENNAI,TAMIL NADU,
PIN - 600018.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE
DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
KERALA, PIN - 695001.
2. THE DISTRICT COLLECTOR, KOZHIKODE, DISTRICT COLLECTOR OFFICE,
KOZHIKODE COLLECTORATE, CIVIL STATION P. O., KOZHIKODE
DISTRICT,KERALA, [email protected], PIN - 673020
3. THE TAHSILDAR, TALUK OFFICE, VADAKARA, VADAKARA MINI CIVIL STATION,
COURT ROAD, VATAKARA, KOZHIKODE DISTRICT,KERALA,
[email protected], PIN - 673101
4. THE VILLAGE OFFICER, PURAMERI VILLAGE OFFICE, PURAMERI - KUNINGAD
ROAD, PURAMERI P. O., KOZHIKODE DISTRICT,KERALA, VO-
[email protected], PIN - 673503
5. THE SPECIAL VILLAGE OFFICER, PURAMERI VILLAGE OFFICE,PURAMERI-
KUNINGAD ROAD,PURAMERI P.O., KOZHIKODE DISTRICT,KERALA,VO-
[email protected],PIN - 673503
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 stay all further proceedings pursuant to Exhibit P5 to P8
pending consideration and disposal of the above writ petition and to
permit the petitioner to proceed with the construction of his residence.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. MOHAMMED SADIQUE.T.A, T.H.ABDUL AZEEZ, SHANKAR V., K.M.MOHAMMED
YUSUFF , K.P.MAJEED & V.P.ABDUL RAHEEM Advocates for the petitioner, the
court passed the following:
WP(C) No.2779/2024 2/3 Order Date : 25-01-2024
MURALI PURUSHOTHAMAN, J.
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W.P.(C) No.2779 of 2024
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Dated this the 25th day of January, 2024
O R D E R
Admit. Learned Government Pleader takes notice for respondents.
There will be a stay of further proceedings pursuant to Exts.P6 to P8 for a period of one month.
As far as Ext.P5 is concerned, status quo has to be maintained in respect of the property.
Sd/-
MURALI PURUSHOTHAMAN JUDGE sp/25/01/2024 WP(C) No.2779/2024 3/3 Order Date : 25-01-2024 APPENDIX OF WP(C) 2779/2024 Exhibit P5 TRUE COPY OF THE STOP MEMO DATED 27.09.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P6 THE TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT SIGNED BY THE 5TH RESPONDENT DATED 19.06.2023 OBTAINED UNDER THE RIGHT TO INFORMATION ACT Exhibit P7 THE TRUE COPY OF THE PROCEEDINGS DATED 26.09.2023 OF THE 3RD RESPONDENT OBTAINED UNDER THE RIGHT TO INFORMATION ACT Exhibit P8 A TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER AS IT STOOD AFTER ISSUANCE OF EXHIBIT P6 AND P7 WITH RESPECT TO THE SUBJECT PROPERTY DATED 29.09.2023