Kerala High Court
K.M.Abdul Gafoor vs State Of Kerala on 4 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
WP(C).No.693 OF 2021(J)
PETITIONERS:
1 K.M.ABDUL GAFOOR
AGED 65 YEARS
S/O UNNI MAMMUD, VALANCHERY HOUSE, PULIKKAL P.O,
MALAPPURAM.
2 MUHAMMED ALI
AGED 54 YEARS
S/O HASSAN KOYA HAJI, ERNAJIKKAL HOUSE, POTTAKKAD,
FEROKE P.O, CALICUT.
BY ADV. SRI.T.M.ABDUL LATHEEF
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF
ARCHEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-
695001.
2 DISTRICT COLLECTOR
CIVIL STATION,
KOZHIKODE, PIN-673020.
3 THE DIRECTOR
ARCHEOLOGICAL DEPARTMENT, THIRUVANANAHTHAPURAM, PIN-
695001.
4 FEROKE MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
FEROKE P O,
KOZHIKODE, PIN-673631.
R1-3 BY GOVERNMENT PLEADER
ADV.SMT.PRINCY XAVIER, GP
ADV.SRI.P.C.SASIDHARAN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.693 OF 2021(J)
2
JUDGMENT
Dated this the 04th day of March 2021
The writ petition is filed seeking the
following reliefs:
i) To call for the records
relating to Exhibit P-1 to P-8 and to
issue writ of mandamus commanding the
respondents to acquire the property of the
petitioner covered by Ext.P1 to P3 which
is notified under Ext.P4 and to pay
compensation as provided under the land
acquisition act or the relevant law
allowing compensation for acquisition of
land for public purpose.
ii) To issue any writ order or
rd
direction directing the 3 respondent to
identify the exact area in Ext.P1
notification after the excavation work
required to be maintained as protected
area of Tippu Sultan Fort and to release
the other properties from the protected
area and monument of Tippu Sultan Fort
Feroke.
iii) To direct the 4th respondent
municipality to acquire the property
covered by Ext.P1, P2, P3 and P4 and
maintain the same as a protected area
under the control and management of the
municipality.
iv) Any other reliefs may be
granted as prayed at the time of argument
and is deemed fit to be granted by this
Hon'ble Court.
WP(C).No.693 OF 2021(J)
2. The 3rd respondent has filed a counter
affidavit producing Annexure-R3(c) letter
addressed to the Additional Chief Secretary,
Archeology Department with various proposals
including request for taking a decision in respect
of the acquisition of the property involved,
pointing out the that the 3rd respondent does not
have sufficient funds for acquisition of land.
3. In the above circumstances, I deem it
appropriate to dispose of the writ petition with a
direction to the 1st respondent to take a decision
on the proposals submitted by the 3rd respondent in
Annexure-R3(C) letter in respect of the matters
referred to therein including that of the
acquisition of property, within a period of 'three
months' from the date of receipt of a copy of the
judgment.
Sd/-
P.V.ASHA
JUDGE
DM
WP(C).No.693 OF 2021(J)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED
14/08/2006.
EXHIBIT P2 TRUE COPY OF THE SALE DEED DATED
2/7/2008.
EXHIBIT P3 TRUE COPY OF THE SALE DEED DATED
2/7/2008
EXHIBIT P4 TRUE COPY OF THE ERRATUM NOTIFICATION
NO.5702/BI/08/CAD DATED 11/11/2008.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC
NO.31351/2009 DATED 19/05/2020.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION BEFORE
THE 1ST RESPONDENT DATED 15/12/2020.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION BEFORE
THE 3RD RESPONDENT DATED 15/12/2020.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED
19/02/2015 OF ADDITIONAL TAHASILDAR
KOZHIKODE TO THE DISTRICT COLLECTOR
KOZHIKODE.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
