Kerala High Court
Mohammed Basheer vs Kannan on 20 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
WP(C) NO. 29291 OF 2011
PETITIONERS:
1 MOHAMMED BASHEER, AGED 39,
S/O.M.KUNHAMU,MENAMKODU,
CHENGALA P.O,CHENGALA
VILLAGE, KASARAGOD.
2 AAMU @ KUNJAMU, AGED 70,
S/O.MUHAMMED HAJI,MENAMKODU,
CHENGALA P.O,
CHENGALA VILLAGE,KASARAGOD.
3 MARIYUMMA, AGED 55,
W/O.KUNJAMU,MENAMKODU,
CHENGALA P.O,
CHENGALA VILLAGE, KASARAGOD.
4 ADDL.P4. ABDUL NASAR M.
AGED 53 YEARS
S/O. M. KUNHAMU, MENAMKODU,
CHENGALA.P.O., CHENGALA VILLAGE,
KASARAGOD.
5 ADDL.P5. MUHAMMED ASHRAF M.
AGED 51 YEARS
S/O. M. KUNHAMU, MENAMKODU,
CHENGALA.P.O., CHENGALA VILLAGE,
KASARAGOD.
6 ADDL. P6.SUHARABI M.
AGED 41 YEARS
D/O. M. KUNHAMU, MENAMKODU,
CHENGALA.P.O., CHENGALA VILLAGE,
KASARAGOD.
7 ADDL. P7.ABDUL LATHEEF M.
AGED 39 YEARS
S/O. M. KUNHAMU, MENAMKODU,
CHENGALA.P.O., CHENGALA VILLAGE,
KASARAGOD.
8 ADDL.P8. SUMAYYA M.
WP(C) NO. 29291 OF 2011
2
AGED 37 YEARS
D/O. M. KUNHAMU, MENAMKODU,
CHENGALA.P.O., CHENGALA VILLAGE,
KASARAGOD.
9 ADDL. P9.MOHAMMED SHUKOOR M.
AGED 35 YEARS
(S/O. M. KUNHAMU, MENAMKODU,
CHENGALA.P.O.,
CHENGALA VILLAGE, KASARAGOD.
10 ADDL. P10.SAJEENA M.
AGED 33 YEARS
D/O. M. KUNHAMU,
MENAMKODU, CHENGALA.P.O.,
CHENGALA VILLAGE, KASARAGOD.
11 ADDL.P11. SAHINA M.
AGED 31 YEARS
D/O. M. KUNHAMU,
MENAMKODU, CHENGALA.P.O.,
CHENGALA VILLAGE, KASARAGOD.
(ADDL.PETITIONERS NO.4 TO 11 IMPLEADED AS
PER ORDER DATED 14-12-2022 IN IA 1/2022 IN
WP(C)
BY ADV SMT.R.PADMAKUMARI
RESPONDENTS:
1 KANNAN, AGED 55,
S/O.KAINKALAN,THEKKEPUTHIYAKANDAM,
KARIVEDAKAM P.O, KARIVEDAKAM VILLAGE,
KASARAGOD TALUK AND DISTRICT 671 541.
2 KAPALAN, AGED 48
S/O.VELUTHAN,THEKKEPUTHIYAKANDAM,
KARIVEDAKAM P.O, KARIVEDAKAM VILLAGE,
WP(C) NO. 29291 OF 2011
3
KASARAGOD TALUK AND DISTRICT 671 541.
3 KARICHI, AGED 55, W/O.CHELLAN
THEKKEPUTHIYAKANDAM,
KARIVEDAKAM P.O,
KARIVEDAKAM VILLAGE,
KASARAGOD TALUK AND DISTRICT 671 541.
4 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE,
KANHANGAD, KASARAGOD - 671 512.
BY ADVS.
SRI.D.KRISHNA PRASAD - R1 TO R3
SMT.O.K.SANTHA
SMT.S.SANTHY
SRI.RENJITH T.R., SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 29291 OF 2011
4
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No.29291 of 2011
----------------------------------------------
Dated this the 20th day of December, 2022
JUDGMENT
The above Writ Petition is filed with the
following prayers:
"(i) call for the records leading to the
issuance of Exhibit P4 to P6 notices dated 28-7-
2011 issued by the 4th respondent and issue a
writ of Certiorari or any other appropriate writ,
order or direction to quash the same.
(ii) Issue an order declaring that the
respondents 1 to 3 are belonged to Scheduled
Caste as per entry 68 in Part VIII of the
Schedule in appendix I of The Scheduled Caste
and Tribes Orders (amdt.) Act 1976 (Exhibit P8)
and also declare that " Vettuvan " belongs to
Scheduled Caste and "Mala Vettuvan " belongs
to Scheduled Tribes as per Exhibit P9.
(iii) Issue such other appropriate writ,
order or direction as this Honourable Court may
deem fit in the facts and circumstances of the
case."[SIC]
WP(C) NO. 29291 OF 2011
2. The main grievance of the petitioners is
that Ext.P4 to P6 notices are issued in total violation
of the Kerala Scheduled Tribes (Restriction of
Transfer of Lands and Restoration of Alienated
Lands) Rules, 1986. According to the petitioners,
the proceedings initiated against them will not
stand.
3. Heard counsel appearing for the
petitioners, the learned Government Pleader and
the counsel appearing for respondents 1 to 3.
4. Exts.P4 to P6 are only notices issued for
an enquiry. I am of the considered opinion that,
this Court need not entertain this writ petition at
this stage. All the contentions raised by the
petitioners in this writ petition can be raised before
the officer concerned in the enquiry scheduled as
per Exts.P4 to P6.
WP(C) NO. 29291 OF 2011
Therefore, granting liberty to the petitioners to
raise all the contentions raised in this writ petition
before the 4th respondent, this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 29291 OF 2011
APPENDIX OF WP(C) 29291/2011
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED
DATED 4-12-2004 EXECUTED BY THE
1ST RESPONDENT IN FAVOUR OF THE 1ST
PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE SALE DEED
DATED 4-12-2004 EXECUTED BY THE 2ND
RESPONDENT IN FAVOUR OF THE 2ND
PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE SALE DEED
DATED 4-12- 2004 EXECUTED BY THE
3RD RESPONDENT IN FAVOUR OF THE 3RD
PETITIONER.
EXHIBIT P4 THE TRUE COPIES OF THE NOTICES
DATED 28-7-2011 ISSUED TO THE 1ST
PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT P5 THE TRUE COPIES OF THE NOTICES
DATED 28-7-2011 ISSUED TO THE 2ND
PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT P6 THE TRUE COPIES OF THE NOTICES
DATED 28-7-2011 ISSUED TO THE 3RD
PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF THE COMPLAINT
SUBMITTED BY THE RESPONDENTS 1 TO
3 BEFORE THE HON'BLE CHIEF
MINISTER OF KERALA ON 18-5-2010.
EXHIBIT P8 THE TRUE COPY OF THE RELEVANT
PAGES OF THE SCHEDULED CASTE AND
TRIBES ORDERS (AMDT.) ACT 1976.
WP(C) NO. 29291 OF 2011
EXHIBIT P9 THE TRUE COPY OF THE RELEVANT
PAGES OF GAZETTE PUBLICATION OF
THE SCHEDULED CASTE AND TRIBES
ORDERS (AMDT.) ACT 2002.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
