Noorjahan vs The District Collector
2021 Latest Caselaw 583 Ker

               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

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

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

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