V.I.Mohammed Ashraf vs State Of Kerala
2022 Latest Caselaw 12436 Ker

WP(C) No.42227/2022                     1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
             Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
                            WP(C) NO. 42227 OF 2022(C)
   PETITIONER:

          V.I.MOHAMMED ASHRAF, AGED 55 YEARS, S/O. IBRAHIM PILLAI, ADVOCATE,
          PONNANI, RESIDING AT VELUTHAPPAN HOUSE, PALAPETTY P.O. PONNANI
          TALUK, MALAPPURAM DISTRICT, PIN - 679 579

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER
         RESOURCES (MI) DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695 001
      2. THE SECRETARY TO GOVERNMENT, WATER RESOURCES (MI) DEPARTMENT,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
      3. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER,
         MINOR IRRIGATION CIRCLE, KOZHIKODE, PIN - 673 001
      4. THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, LIFT IRRIGATION
         SECTION, TIRUR P.O., MALAPPURAM, PIN - 676 101
      5. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, MINOR
         IRRIGATION DEPARTMENT, MALAPPURAM, PIN - 676 505
      6. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, PONNANI P.O.,
         MALAPPURAM, PIN - 679 577
      7. THE VILLAGE OFFICER, PERUMBADAPPU VILLAGE, PERUMBADAPPU P.O.,
         MALAPPURAM, PIN - 679 580


        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 pass an order or direction staying all further proceedings in
   pursuant to Ext.P11 notice, pending disposal of this Writ Petition
   (Civil).




        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.C.M.MOHAMMED IQUABAL, P.ABDUL NISHAD, RAIHANATH T.H., ISTINAF ABDULLAH
   & MUHAMMED AMEEN, Advocates for the petitioner and of GOVERNMENT PLEADER
   for respondents, the court passed the following:
 WP(C) No.42227/2022                           2/3




                                          ORDER

Admit. Government Pleader takes notice for the respondents.

In the light of the observation in paragraph 6 of Ext.P8, learned Government Pleader may ascertain from the respondents whether the direction to quantify the liability and to hear the petitioner were complied with before initiating recovery proceedings.

Post on 11-01-2023.

Till such time, further proceedings based on Ext.P11 shall be kept on hold.

                                                    Sd/- V.G.ARUN JUDGE




23-12-2022                      /True Copy/                          Assistant Registrar
 WP(C) No.42227/2022                 3/3

                       APPENDIX OF WP(C) 42227/2022
Exhibit P8            THE TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.14624/2014

OF THIS HON'BLE COURT DATED 03.03.2022 Exhibit P11 THE TRUE COPY OF THE DEMAND NOTICE ALONG WITH THE ATTACHMENT ISSUED BY THE 6TH RESPONDENT DATED 18.11.2022