Kerala High Court
A.N.Hussain vs District Collector on 3 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 3rd day of September 2021 / 12th Bhadra, 1943
W.P.(C) NO. 17532 OF 2021 (N)
PETITIONER:
A.N.HUSSAIN AGED 64 YEARS S/O. KUNHIKKAMOOTTI, FAVAZ HOUSE,
ILLAMPARAMBU, ARAKKINAR P.O, ARAKKINAR S.O, KOZHIKODE - 673028.
RESPONDENTS:
1. DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOZHIKODE - 673001.
2. TAHSILDAR, LAND RECORDS, CIVIL STATION, KOZHIKODE - 673001.
3. THE VILLAGE OFFICER, KASABA VILLAGE OFFICE, KOZHIKODE - 673001.
4. DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICE,
CIVIL STATION, KOZHIKODE - 673001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 1 to 3 to issue a Provisional Possession
Certificate with respect to properties having an extent of 6 cents of land
which are comprised in T.S.No.19.17.504, T.S.No.19.17.647 for the purpose
of issuance of Forest License and other licenses for running the saw mill,
pending final disposal of the writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
25.08.2021 and upon hearing the arguments of M/s.NIRMAL S. & VEENA HARI,
Advocates for the petitioner, the court passed the following:
Ext.P1 :True copy of the judgement in WP(C)37333/2017 dated
19/06/2019
Ext.P5 :True copy of the representation dated 12/07/2021
Ext.P6 :True copy of the letter dated 16/04/2021 issued by the 1St
respondent
DEVAN RAMACHANDRAN, J.
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W.P(C)NOS.17532 of 2021 & 17690 of 2021
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Dated this the 03rd day of September, 2021
ORDER
I have heard Smt.Veena Hari and am of the view
that in order to balance the rival contentions of
the parties in these cases, an interim order as
below is warranted.
Since the petitioners say that they are in
ownership of certain extents of land in various
survey numbers covered by title documents, I deem
it appropriate that they produce the same along
with all other relevant documents before the third
respondent Village Officer, who can then consider
the same and take a decision on Exhibits P5 and P6
representations respectively.
Resultantly, I direct the petitioners to mark
appearance before the third respondent at 11 a.m.
on 07.09.2021 with all relevant documents,
including the title deeds relied upon by them; in
which event, said Officer will consider the same
and make such other inspections as are necessary
and report before this Court, if they are in
lawful possession of any land, as has been
asserted by them.
I make it clear that this interim order has
been issued taking note of the fact that, in spite
of Exhibit P1 judgment, no action as ordered
therein has still been completed and since the
petitioners say that they are in requirement of
the Possession Certificate from the third
respondent immediately so as to enable them to
obtain a Forest Licence.
List these cases on 20/09/2021 along with
W.P(C)Nos.16938 of 2021, 15206 of 2021, 16575 of
2021, 15587 of 2021, 15705 of 2021, 15877 of 2021,
16111 of 2021, 16283 of 2021 & 16403 of 2021.
Sd/-
Devan Ramachandran,
Judge
MC
03-09-2021 /True Copy/ Assistant Registrar
