Muhammed Safarulla vs Special Tahsildar(Land ...
2021 Latest Caselaw 23110 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943

                             WP(C) NO. 24571 OF 2021

PETITIONER:

               MUHAMMED SAFARULLA
               AGED 56 YEARS
               S/O.KOYAKKUTTY ASSAN, RESIDING AT SAFA-MARVA, KOTTUKADU,
               MUKUNDAPURAM P.O., CHAVARA VILLAGE, PATTATHANAM MURI,
               KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN-691585.

               BY ADV A.JANI(KOLLAM)



RESPONDENTS:

     1         SPECIAL TAHSILDAR(LAND ACQUISITION, N.H.A.I.-UNIT NO.3)
               NATIONAL HIGH WAY AUTHORITY OF INDIA, UNIT NO.3, KAVANADU P.O.,
               KOLLAM, PIN-691003.

     2         THE KOLLAM DISTRICT COLLECTOR
               LAND ACQUISITION AUTHORITY, COLLECTORATE, KOLLAM, PIN-691001.

     3         HAMEED KUNJU,
               AGED 63 YEARS
               S/O. MYTHEEN KUNJU, RESIDING AT THADATHIL COTTAGE, THAZHAVA
               P.O., PULIYOORVANCHI VADAKKUM MURI, THODIYOOR VILLAGE,
               KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN-690523.

     4         NAZEERA HAMEED,
               AGED 52 YEARS
               W/O. HAMEED KUNJU, RESIDING AT THADATHIL COTTAGE, THAZHAVA
               P.O., PULIYOORVANCHI VADAKKUM MURI, THODIYOOR VILLAGE,
               KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN-690523.


OTHER PRESENT:

               SR .GP - SMT AMMINIKKUTTY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24571 OF 2021

                                      2




                                JUDGMENT

The singular prayer of the petitioner in this writ petition is that

1st respondent be directed to take up Ext.P10 and dispose of the

same, after adjudicating his claim made therein, within a time frame

to be fixed by this Court.

2. Smt.K.Amminikutty, learned Senior Government Pleader,

submitted that there does not appear to be any legal impediment in

the 1st respondent considering Ext.P10; but prayed that this Court

may not make any affirmative declarations in favour of the petitioner

and leave it to the said Authority to take a decision as per law. She,

however, added that petitioner has been asked to produce certain

additional documents and that this Court may, therefore, direct him

to do so, enabling the 1st respondent to complete the proceedings on

his representation.

Taking note of the afore submissions, I order this writ petition

and direct the 1st respondent to take up and complete the

proceedings on Ext.P10, after affording an opportunity of being

heard to the petitioner - who will also be obligated to produce all

necessary documents, as has been sought for by him; thus

culminating in an appropriate order and necessary action thereon, as WP(C) NO. 24571 OF 2021

expeditiously as is possible but not later than two months from the

date of receipt of a copy of this judgment.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 24571 OF 2021

APPENDIX OF WP(C) 24571/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF PETITION IN R.C.P. NO.6 OF 2018 SUBMITTED BEFORE RENT CONTROL COURT, KARUNAGAPPALLY BY RESPONDENTS 1 AND 2 AGAINST WRIT PETITIONER DATED 23.11.2018.

Exhibit P2 TRUE COPY OF PLAINT IN O.S.NO.346 OF 2019 SUBMITTED BY WRIT PETITIONER BEFORE MUNSIFF COURT, KARUNAGAPPALLY AGAINST RESPONDENTS 3 AND 4 DATED 27.9.2019

Exhibit P3 TRUE COPY OF RECEIPT ISSUED BY CHAVARA POLICE TO WRIT PETITIONER DATED 10.8.2020

Exhibit P4 TRUE COPY OF PLAINT IN O.S.NO.244 OF 2020 SUBMITTED BEFORE MUNSIFF COURT, KARUNAGAPPALLY BY RESPONDENTS 3 AND 4 AGAINST WRIT PETITIONER DATED 17.8.2020.

Exhibit P5 TRUE COPY OF LICENCE NO.C4-205/2015-16 ISSUED BY CHAVARA GRAMA PANCHAYATH TO WRIT PETITIONER DATED 14.12.2015.

Exhibit P6 TRUE COPY OF LICENCE NO.C4-09/2016-17 ISSUED BY CHAVARA GRAMA PANCHAYAT TO WRIT PETITIONER DATED 13.4.2016.

Exhibit P7 TRUE COPY OF LICENCE NO.C4-18/2017-18 ISSUED BY CHAVARA GRAMA PANCHAYAT TO WRIT PETITIONER DATED 26.4.2017.

Exhibit P8 TRUE COPY OF LICENCE NO.C4-99/2018 ISSUED BY CHAVARA GRAMA PANCHAYAT TO WRIT PETITIONER DATED 21.6.2018.

Exhibit P9 TRUE COPY OF NOTICE ISSUED BY CHAVARA GRAMA PANCHAYAT TO WRIT PETITIONER DATED 19.10.2020.

Exhibit P10 TRUE COPY OF LETTER ISSUED BY FIRST RESPONDENT TO WRIT PETITIONER DATED 20.2.2020.

WP(C) NO. 24571 OF 2021

Exhibit P11 TRUE COPY OF COVERING LETTER ISSUED BY WRIT PETITIONER TO FIRST RESPONDENT DATED 10.3.2021.

Exhibit P12 TRUE COPY OF NOTICE ISSUED BY WRIT PETITIONER TO FIRST RESPONDENT THROUGH HIS LAWYER DATED 3.11.2020.