Nafeesa vs State Of Kerala
2021 Latest Caselaw 3936 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      W.P.(C) No.26358 OF 2020(T)


PETITIONER/S:

      1         NAFEESA
                AGED 63 YEARS
                D/O.LATE MUSTHAFA, UZHUVATH VEEDU, MATHER NAGER,
                SOUTH KALAMASSERY, PIN-682 033.

      2         SUHARA,
                AGED 59 YEARS
                D/O.LATE MUSTHAFA, THUKALIL PAURNAMI, LIBRARY ROAD,
                BEHIND MUNICIPAL LIBRARY, PERUMBAVOOR-683 547.

                BY ADVS.
                SMT.M.R.MINI
                SRI.VINOD RAVINDRANATH
                SRI.ASHWIN SATHYANATH
                SMT.MEENA.A.
                SRI.K.C.KIRAN
                SRI.M.DEVESH
                SHRI.THAREEQ ANVER
                SHRI.ANISH ANTONY ANATHAZHATH

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
                REVENUE, THIRUVANANTHAPURAM, PIN-695 001.

      2         THE DISTRICT COLLECTOR,
                ERNAKULAM, PIN-682 030.

      3         LAND REVENUE COMMISSIONER,
                PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,
                THIRUVANANTHAPURAM-695 033.

      4         ANAS,
                S/O.KASIM, KARAKUNNEL HOUSE, ANNAYIKKANNAM KARA,
                KARIKKODE VILLAGE, THODUPUZHA, PIN-685 584.

      5         E.S.KHADER,
                S/O.SULAIMAN, EROTHAN VEEDU, KUNNATHUNADU TALUK,
                VENGOLA VILLAGE, VENGOLA KARA, ALLAPRA P.O.,
                PIN-683 556.
 W.P.(C) No.26358 OF 2020(T)

                                2


       6       ASLAM,
               S/O.KAMAL, KADAVIL HOUSE, VELLARAPPILLY,
               PERUMBAVOOR, PIN-683 580.

               R4-R6 BY ADV. SRI.V.M.KRISHNAKUMAR

OTHER PRESENT:

               SMT A.C.VIDHYA - GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.26358 OF 2020(T)

                                     3

                               JUDGMENT

The petitioners, who are stated to be the owners of property

having an extent of 1.72 ares comprised in R.S. No.5 of

Perumbavoor Village by virtue of Ext.P1 Sale deed No.2462 of

1962 dated 17.07.1962, has filed this writ petition under Article

226 of the Constitution of India, seeking a writ of certiorari to

quash Exts.P10 proceedings dated 06.11.2020, issued by the 2 nd

respondent District Collector. The petitioners have also sought for a

writ of mandamus commanding the 1 st respondent to consider

Ext.P11 appeal dated 18.11.2020 and Ext.P12 application for stay

filed before the Principal Secretary, Revenue Department,

Thiruvananthapuram, within a period to be fixed by this Court and

after affording an opportunity of hearing to the petitioners.

2. On 30.11.2020, when this writ petition came up for

admission, the learned Government Pleader was directed to get

instructions.

3. On 19.01.2021, when this writ petition came up for

consideration, the learned counsel for the petitioners submitted

that the 1st respondent has passed an order dated 07.12.2020,

whereby Ext.P11 appeal filed by the petitioners stand rejected. The

learned counsel for the petitioners sought time to file an W.P.(C) No.26358 OF 2020(T)

application to amend the writ petition appropriately.

4. Today, when the case is taken up for consideration, the

learned counsel for the petitioners seeks permission to withdraw

this writ petition without prejudice to the right of the petitioners to

file a fresh writ petition challenging the order passed by the 1st

respondent on Ext.P11 appeal filed by the petitioners.

Recording the above submission made by the learned counsel

for the petitioners, this writ petition is dismissed as withdrawn,

without prejudice to the aforesaid right of the petitioners, leaving

open the legal and factual contentions raised by the petitioners.

Sd/-

ANIL K. NARENDRAN JUDGE

MIN W.P.(C) No.26358 OF 2020(T)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2462 OF 1962 DATED 17.07.1962.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPTS.

EXHIBIT P3 TRUE COPY OF THE RENT DEED DATED 06.04.2010 EXECUTED BY THE MOTHER OF THE PETITIONERS IN FAVOUR OF THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RENT DEED DATED 06.04.2010 EXECUTED BY THE MOTHER OF THE PETITIONERS IN FAVOUR OF THE FATHER OF THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RENT DEED DATED 01.06.2017 EXECUTED BY SAJAD, SON OF KK MUSTHAFA IN FAVOUR OF THE 6TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR LEASE DATED 22.06.2020 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 23.06.2020 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 08.07.2020 IN WPC NO.13669/2020.

EXHIBIT P9 TRUE COPY OF THE WRITTEN SUBMISSIONS DATED 19.10.2020 MADE BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR.

EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS DATED 06.11.2020.

EXHIBIT P11 TRUE COPY OF APPEAL DATED 18.11.2020 FILED BY THE PETITIONER BEFORE THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT THIRUVANANTHAPURAM.

EXHIBIT P12 TRUE COPY OF THE APPLICATION FOR STAY DATED 18.11.2020 FILED BY THE PETITIONER BEFORE THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. W.P.(C) No.26358 OF 2020(T)

EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED 11.12.2020 FILED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P14 TRUE COPY OF THE REPLY DATED 22.12.2020 TO THE APPLICATION SHOWING THE DETAILS OF THE PERSONS APPLIED FOR THE ASSIGNMENT OF THE AFORESAID LAND.