U.K.Abdul Majeed vs The District Collector

Kerala High Court

U.K.Abdul Majeed vs The District Collector on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(C).No.13585/2017
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 13585 OF 2017
PETITIONERS:

     1       U.K.ABDUL MAJEED
             AGED 55 YEARS,S/O.KOYAMU HAJI,NADUKKANDI
             HOUSE,UNNIKULAM.P.O,KOYILANDI TALUK,KOZHIKODE
             DT.673574.

     2       SHAKEELA.N.A
             AGED 51 YEARS,W/O.ABDUL MAJEED,NADUKKANDI
             HOUSE,UNNIKULAM.P.O,KOYILANDI TALUK,KOZHIKODE
             DT.673574.

             BY ADVS.
             SRI.SAIJU S.
             SMT.RUBEENA HILAL
             SRI.A.HAROON RASHEED



RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             CIVIL LANE,KOZHIKODE-673020.

     2       SECRETARY
             UNNIKULAM GRAMA PANCHAYATH,EKAROOL.P.O,KOYILANDI
             TALUK,KOZHIKODE DT.673001.

     3       LOCAL LEVEL MONITORING COMMITTEE
             REPRESENTED BY ITS CONVENOR,AGRICULTURAL
             OFFICER,KRISHI BHAVAN,UNNIKULAM GRAMA
             PANCHAYATH,KOYILANDI TALUK,KOZHIKODE DT.673001.
 W.P.(C).No.13585/2017
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     4       ABDULLA
             AGED 59 YEARS,S/O.CHOKRAN,KALATHIL
             HOUSE,POONOOR,UNNIKULAM.PO,KOYILANDI
             TALUK,KOZHIKODE DT.673574.

             BY ADVS.
             SRI.T.SHIHABUDHEEN

             SRI.NIRMAL. S



OTHER PRESENT:

             SRI.RIYAL DEVASSY, GP




       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.13585/2017
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                        P.V.KUNHIKRISHNAN, J.
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                        W.P.(c).No.13585 of 2017
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                   Dated this the 21st day of May, 2024

                                  JUDGMENT

The above writ petition is filed seeking the following reliefs:-

"Issue a writ of mandamus or other appropriate writ order or direction to permit the petitioners to continue with the construction of the building in accordance with Exhibit P2 Building Permit;

ii)Issue a writ of mandamus or other appropriate writ, order or direction to the respondents to declare that the petitioner's property does not come within the purview of Kerala conservation of paddy land and wet land Act and petitioners are legally entitles for the construction as per Exhibit P2 Building Permit;

iii)Issue a writ of mandamus or other appropriate writ order or direction to the respondents to pass appropriate orders on the basis of the report from the 3rd respondent Local Level Monitoring Committee, in view of the fact that the 1 st respondent is deprived of powers by virtue of recent annulment of Section 3A of the Kerala conservation of paddy land and wet land Act.",

2. The main prayer in this case is to continue with the construction on the basis of the report from the LLMC, W.P.(C).No.13585/2017 4 based on Exhibit P2 building permit. This writ petition is pending before this Court from 2017. No interim order is passed in this case in favour of the petitioner. Exhibit P2 building permit is already expired. In such circumstances, the prayers in this writ petition have become infructuous. If there is any fresh cause of action, the same is left open. With the above observation, this writ petition is disposed of.

P.V.Kunhikrishnan, Judge sj21/5/24 W.P.(C).No.13585/2017 5 APPENDIX OF WP(C) 13585/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPIES OF THE TITLE DEEDS OF PETITIONER'S PROPERTY EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 25/11/2013 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE COMMON JUDGMENT IN W.P(C)18431/2014 AND WP(C)16159/2015 BY THE HIGH COURT OF KERALA DATED 30.3.2016 EXHIBIT P4 TRUE COPY OF THE REPORT OF LOCAL LEVEL MONITORING COMMITTEE DATED 31/7/2015 EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S PROPERTY.

True copy PS to Judge