M.Abdul Bari vs District Collector
2021 Latest Caselaw 17654 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                       WP(C) NO. 17298 OF 2021
PETITIONER:

               M.ABDUL BARI,
               AGED 57 YEARS
               S/O. MOHAMMED IBRAHIM, H. NO.XVII/982,
               IKKA NAGAR COLONY, MUNNAR P.O., IDUKKI DISTRICT.

               BY ADV P.S.ABDUL KAREEM

RESPONDENTS:

    1          DISTRICT COLLECTOR,
               IDUKKI, COLLECTORATE, KUYILIMALA,
               IDUKKI, PIN-685603.

    2          THE TAHSILDAR,
               DEVIKULAM, IDUKKI DISTRICT, PIN-685613.

    3          THE VILLAGE OFFICER,
               MUNNAR, IDUKKI DISTRICT, PIN-685612.

    4          THE EXECUTIVE ENGINEER,
               HEAD WORKS AND TUNNEL DIVISION,
               PALLIVASAL EXTENSION SCHEME, KSEB LIMITED,
               MUNNAR-685565.

    5          THE GOVERNMENT OF KERALA,
               REPRESENTED BY ITS CHIEF SECRETARY,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.


               BY ADV. SRI.HANIL KUMAR, SPECIAL GP


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   27.08.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC No.17298 of 2021(J)
                                     2

                          JUDGMENT

The petitioner has approached this Court alleging

that, even though he has preferred Ext.P4 statutory Appeal

before the Government of Kerala under the provisions of Rule

22 of the Kannan Devan Hills (Reservation and Assignment of

Vested Lands) Rules, 1977, the same has not been considered

by them; but that the respondents are now attempting to

dispossess him from his dwelling house. He, therefore, prays

that the competent respondents be directed to dispose of

Ext.P4 and to direct them not to dispossess him until such time

as final orders are issued thereon.

2. The learned Special Government Pleader,

Sri.M.H.Hanil Kumar, submitted that if Ext.P4 is still pending,

then there is no legal impediment in the Government disposing

of the same as per law and he offered that this can be done

within a period of four months. He also undertook that, until

such time, as Ext.P4 is disposed of, no further action against

the petitioner will be pursued.

Taking note of the afore submissions and recording

the same, I dispose of this writ petition,directing the

competent Authority of the Government of Kerala to dispose of WPC No.17298 of 2021(J)

Ext.P4, as expeditiously as is possible; with a resultant

direction to the respondents to maintain status quo with

respect to the dwelling house of the petitioner until such time,

as resultant orders are issued and communicated to the

petitioner.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ww WPC No.17298 of 2021(J)

APPENDIX OF WP(C) 17298/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1                TRUE   COPY   OF  THE   ORDER   IN           WPC
                          NO.11935/2006     PASSED     BY             THIS
                          HONOURABLE COURT.

EXHIBIT P2                TRUE COPY OF THE ORDER OF             THE   1ST
                          RESPONDENT DATED 19/05/2021.

EXHIBIT P3                TRUE COPY     OF    THE    RECEIPT    OF    THE
                          APPEAL.

EXHIBIT P4                TRUE   COPY    OF    THE     APPEAL        DATED
                          22/06/2021.