IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.6324 OF 2017(M)
PETITIONER:
NOORJAHAN, W/O.M.ABDUL HAKEEM,
KUNDOOR KONAM HOUSE, MARUTHIKUNNU P.O.,
NAVAIKULAM, THIRUVANANTHAPURAM.
BY ADV. SRI.N.B.ANOOP
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM - 695 001.
2 THE REVENUE DIVISIONAL OFFICER,
THIRUVANANTHAPURAM - 695 001.
3 THE VILLAGE OFFICER,
NAVAIKULAM, THIRUVANANTHAPURAM - 695 603.
4 THE TAHSILDAR, VARKALA, THIRUVANANTHAPURAM - 695 141.
5 THE LOCAL LEVEL MONITORING COMMITTEE,
NAVAIKULAM PANCHAYATH, REPRESENTED BY ITS CONVENER,
(THE AGRICULTURAL OFFICER, KRISHI BHAVAN, NAVAIKULAM,
THIRUVANANTHAPURAM - 695 141).
BY ADV.SRI.K.J.MAURAJ, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, ALONG WITH WP(C).19269/2020(G), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.6324/2017 & 19269/2020
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.19269 OF 2020(G)
PETITIONER:
NOORJAHAN, AGED 56 YEARS,
W/O. M. ABDUL HAKEEM, KUNDOORKKONAM HOUSE,
MARUTHIKUNNU P.O., NAVAIKULAM, THIRUVANANTHAPURAM.
BY ADVS.
SRI.T.M.ABDUL LATHEEF
SRI.K.ASHOK SARAN
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
THIRUVANANTHAPURAM-695 004.
2 LOCAL LEVEL MONITORING COMMITTEE,
NAVAIKULAM, REPRESENTED BY ITS CONVENOR,
AGRICULTURAL OFFICER, KRISHI BHAVAN,
NAVAIKULAM, PIN-695 603.
3 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENTAL
CENTRE (KSREC), THIRUVANANTHAPURAM-695 001.
4 VILLAGE OFFICER, NAVAIKULAM,
THIRUVANANTHAPURAM, PIN-695 603.
5 NAVAIKULAM GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
THIRUVANANTHAPURAM-695 603.
BY ADVS. SRI.K J MANURAJ, GP
SRI. S.VISHNU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, ALONG WITH WP(C).6324/2017(M), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.6324/2017 & 19269/2020
-3-
JUDGMENT
[ WP(C).6324/2017, WP(C).19269/2020 ] Dated this the 7th day of January 2021 W.P.(C)No.6324 of 2017 In the light of the subsequent W.P.(C) No.19269 of 2020, this writ petition does not survive for consideration. The petitioner is given liberty to urge all contentions in this writ petition in the subsequent writ petition.
W.P.(C) No.19269 of 2020 The petitioner's Ext.P4 application, dated 18.07.2019, to remove the land referred to in the Data Bank is pending before the 2nd respondent-Local Level Monitoring Committee (LLMC), Navaikulam. The limited request of the petitioner before this Court is for an expeditious disposal of the above WP(C).Nos.6324/2017 & 19269/2020 -4- application.
2. Having considered the prayer, the 2nd respondent-LLMC is directed to dispose of form 5 application, within a period of two months, after obtaining the report and after notice to the petitioner.
3. The petitioner is free to produce all the documents, including the satellite images obtained from the Kerala State Remote Sensing and Environment Centre (KSREC) before the 2 nd respondent.
The writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE akv WP(C).Nos.6324/2017 & 19269/2020 -5- APPENDIX OF WP(C) 6324/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1. TRUE COPY OF THE TAX RECEIPT DATED 04.06.2016.
EXHIBIT P2. THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 10.01.17.
EXHIBIT P3. A TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WP(C) NO.2685/2017. EXHIBIT P4. A TRUE COPY OF THE JUDGMENT IN WP(C) NO.28772/2016 OF THIS HON'BLE COURT DATED 19.01.2017.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE WP(C).Nos.6324/2017 & 19269/2020 -6- APPENDIX OF WP(C) 19269/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.942/2015 DATED 30/05/2015.
EXHIBIT P2 TRUE COPY OF THE DATA BANK ENTRY IN RESPECT OF THE PETITIONERS PROPERTY. EXHIBIT P3 TRUE COPY OF THE REPORT DATED 15/06/2015 SUBMITTED BY THE VILLAGE OFFICER IN RESPECT OF THE PETITIONER'S PROPERTY. EXHIBIT P4 TRUE COPY OF THE APPLICATION FILED BEFORE THE 2ND RESPONDENT DATED 18/07/2019. EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED BEFORE THE PRINCIPAL INFORMATION OFFICER UNDER THE RIGHT TO INFORMATION ACT DATED 09/09/2020. EXHIBIT P6 TRUE COPY OF THE APPLICATION FILED BEFORE THE 2ND RESPONDENT DATED 25/07/2020. EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 2.11.2020 EXHIBITS ALONG WITH I.A.NO.2 OF 2020 ANNEXURE A1 TRUE COPY OF THE NOTICE DATED 21.10.2020. ANNEXURE A2 TRUE COPY OF THE ACKNOWLEDGEMENT CARD 24.10.2020.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE