Konari Hamza Koya vs The District Collector ...
2021 Latest Caselaw 901 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

      MONDAY, THE 11TH DAY OF JANUARY 2021/21TH POUSHA, 1942

                      WP(C).No.22989 OF 2019(W)


PETITIONERS:

      1        KONARI HAMZA KOYA,
               AGED 62 YEARS,
               SON OF ALAVI HAJI,
               KONARI HOUSE, KODAKKAD POST-676319,
               THIRURANGADI, MALAPPURAM DISTRICT.

      2        KONARI MOHAMMED,
               SON OF ALAVI HAJI, KONARI HOUSE,
               KODAKKAD POST-676319, THIRURANGADI,
               MALAPPURAM DISTRICT.

      3        KONARI JAMEELA,
               DAUGHTER OF ALAVI HAJI, KONARI HOUSE,
               KODAKKAD POST-676319, THIRURANGADI,
               MALAPPURAM DISTRICT.

               BY ADVS.
               SRI.P.K.VIJAYAMOHANAN
               SMT. AISWARYA V.S.

RESPONDENTS:

      1        THE DISTRICT COLLECTOR MALAPPURAM,
               CIVIL STATION, MALAPPURAM-676505.

      2        THE REVENUE DIVISIONAL OFFICER,
               TIRUR, THRIKKANDIYOOR ROAD, TIRUR-676101,
               MALAPPURAM DISTRICT.

      3        THE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER,
               MALAPPURAM-676505.

      4        THE DISTRICT POLICE CHIEF MALAPPURAM,
               DISTRICT POLICE OFFICE, UPHILL,
               MALAPPURAM-676505.

      5        THE KERALA STATE COMMISSION
               FOR SCHEDULED CASTES AND SCHEDULED TRIBES,
               REPRESENTED BY ITS REGISTRAR, AYYANKALI BHAVAN,
               KANAKA NAGAR, VELLAYAMBALAM, KAWDIAR POST,
               THIRUVANANTHAPURAM-695003.
 WP(C)No.22989/2019(W)

                               2


      6      MOHANAN.V.,
             PANACHIKKAL HOUSE, KODAKKAD POST-676319,
             TIRURANGADI, MALAPPURAM DISTRICT.

      7      SUBRAMANYAN.V.,
             PANACHIKKAL HOUSE, KODAKKAD POST-676319,
             TIRURANGADI, MALAPPURAM DISTRICT.

             R5 BY ADV. SMT.MARY BENJEMIN, SC
             R6-7 BY ADV. SRI.M.T.BALAN
             R1-4 GOVERNMENT PLEADER SMT. RASHMI K.M.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.22989/2019(W)

                                  3




                            JUDGMENT

Dated this the 11th day of January, 2021

The learned counsel for the petitioner submits that

the petitioners want to withdraw the writ petition with liberty to

prosecute the case before the Kerala State Commission for

Schedules Castes and Scheduled Tribes or before other

appropriate forum. A memo has been filed to that effect.

Granting the liberty sought for, the writ petition is dismissed as

not pressed.

Sd/-

N. NAGARESH JUDGE SR WP(C)No.22989/2019(W)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.6870239 DATED 30.6.2014 ISSUED TO THE 1ST PETITIONER IN RESPECT OF THE 42.91 ARE IN RE SURVEY NO.656/15 OF ARIYALLUR VILLAGE, TIRURANGADI TALUK.

EXHIBIT P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.6870331 DATED 3.6.2014 ISSUED TO THE 2ND PETITIONER IN RESPECT OF THE 46.15 ARE IN RE SURVEY NO.656/16 OF ARIYALLUR VILLAGE, TIRURANGADI TALUK.

EXHIBIT P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.6870203 DATED 30.6.2014 ISSUED TO THE 3RD PETITIONER IN RESPECT OF THE 36 ARE IN RE SURVEY NO.656/1 OF ARIYALLUR VILLAGE, TIRURANGADI TALUK.

EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 28.11.2017 OF THE 5TH RESPONDENT COMMISSION ON COMPLAIN NO.4337/A3/2014/MLPM/KSCSCST.