Kerala High Court
Abdul Kareem A.V vs District Collector on 26 August, 2021
WP(C) No.16283/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 26th day of August 2021 / 4th Bhadra, 1943
WP(C) NO. 16283 OF 2021
PETITIONER:
ABDUL KAREEM A.V,AGED 72 YEARS S/O.BEERAN KOYA K.A., 'ZAIN 20/529 B,
KRISHNA MENON ROAD, KALLAI P.O., PANNIYANKARA, KOZHIKODE - 673 003.
RESPONDENT:
1. DISTRICT COLLECTOR,COLLECTORATE, CIVIL STATION, KOZHIKODE - 673001.
2. TAHSILDAR, LAND RECORDS CIVIL STATION, KOZHIKODE - 673001.
3. THE VILLAGE OFFICER,NAGARAM VILLAGE OFFICE, KOZHIKODE - 673001.
4. THE DIVISIONAL FOREST OFFICER,OFFICE OF THE DIVISIONAL FOREST
OFFICE, CIVIL STATION, KOZHIKODE - 673 001.
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 direct the respondents 1 to 3 to issue a Provisional Possession
Certificate with respect to properties comprised in 1 Acre 19 cents of
land in T.S.No.15-12-308, T.S.No.15-12-309,
T.S.No.15-12-311,T.S.No.15-12-310 IN Nagaram Village, Kozhikode Taluk,
Kozhikode District for the purpose of issuance of forest license andother
licenses for running the saw mill, pending final disposal of the Writ
Petition.
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.S.NIRMAL, VEENA HARI, Advocates for the petitioner and of GOVERNMENT
PLEADER for respondents, the court passed the following:
WP(C) No.16283/2021 2/4
APPENDIX OF WP(C) 16283/2021
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 19/06/2019 IN WPC 37333/2017.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 13/07/2021.
Exhibit P5
TRUE COPY OF THE LETTER DATED 16/04/2021 ISSUED BY THE 1ST RESPONDENT.
APPENDIX OF WP(C) 15587/2021
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 12/07/2021.
APPENDIX OF WP(C) 15705/2021
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 07/07/2021.
APPENDIX OF WP(C) 15877/2021
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 13/07/2021.
APPENDIX OF WP(C) 16111/2021
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 12/07/2021.
APPENDIX OF WP(C) 16403/2021
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 27/07/2021.
WP(C) No.16283/2021 3/4
Devan Ramachandran, J.
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W.P.(C)Nos.15587, 15705, 15877,
16111, 16283 & 16403 of 2021
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Dated this the 26th day of August, 2021
ORDER
I have heard Smt.Veena Hari and am of the view that
in order to balance the rival contentions of the parties in
these cases, an interim order as below is warranted.
Since the petitioners say that they are in ownership
of certain extents of land in various survey numbers covered
by title documents, I deem it appropriate that they produce
the same along with all other relevant documents before the
third respondent Village Officer, who can then consider the
same and take a decision on their Exhibits P4, P5 and P6
representations.
Resultantly, I direct the petitioners to mark
appearance before the third respondent at 11 a.m. on
31.08.2021 with all relevant documents, including the title
deeds relied upon by them; in which event, said Officer will
consider the same and make such other inspections as are
WP(C) No.16283/2021 4/4
necessary and report before this Court, if they are in lawful
possession of any land, as has been asserted by them.
I make it clear that this interim order has been issued
taking note of the fact that, in spite of Exhibit P1 judgment, no
action as ordered therein has still been completed and since
the petitioners say that they are in requirement of the
Possession Certificate from the third respondent immediately
so as to enable them to obtain a Forest Licence.
List on 03.09.2021 along with connected cases.
Sd/-
Devan Ramachandran, Judge
tkv
26-08-2021 /True Copy/ Assistant Registrar
