Rasheed K vs State Of Kerala
2022 Latest Caselaw 1077 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                           WP(C) NO. 1924 OF 2022
PETITIONERS:

     1       RASHEED K.
             AGED 39 YEARS
             S/O. ABDUL RAZACK, MOOZHIKKAL HOUSE, CHERUVATTA,
             PARAMBIL P. O., KOZHIKODE - 673 012.

     2       MUHSINA C.
             W/O. RASHEED K., MOOZHIKKAL HOUSE, CHERUVATTA, PARAMBIL
             P. O., KOZHIKODE - 673 012.

             BY ADVS.
             K.P.PRADEEP
             T.T.BIJU
             T.THASMI
             M.J.ANOOPA



RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

     2       THE DISTRICT COLLECTOR
             KOZHIKODE CIVIL STATION, KOZHIKODE - 673 020.

     3       THE REVENUE DIVISIONAL OFFICER
             KOZHIKODE, CIVIL STATION, ERANHIPPALAM,
             KOZHIKODE - 673 020.

     4       THE VILLAGE OFFICER
             KURUVATTUR VILLAGE OFFICE, KURUVATTUR P. O.,
             KOZHIKODE - 673 572.

     5       THE AGRICULTURAL OFFICER
             KURUVATTUR, KURUVATTUR P. O., KOZHIKODE - 673 572.
 WP(C) NO. 1924 OF 2022              2



      6      KURUVATTUR GRAMA PANCHAYATH
             PAYAMBRA P. O., KOZHIKODE - 673 571,
             REPRESENTED BY ITS SECRETARY.

      7      COMMISSIONER OF LAND REVENUE
             DEPARTMENT OF REVENUE , GOVERNMENT OF KERALA, VIKAS
             BHAVAN, THIRUVANANTHAPURAM - 695 033.


OTHER PRESENT:

             VINITHA B-SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1924 OF 2022                        3




                                        JUDGMENT

This writ petition is filed seeking the following reliefs:-

"i) To call for the records leading to pass Ext.P12 order and to issue a writ of certiorari or such other writ, order or direction to quash Ext.P12 issued by the 2nd respondent.

ii) To issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the 7th respondent to consider Ext.P13 appeal within a time frame fixed by this Hon'ble Court.

iii) To call for the records in connection with Ext.P6 application for building permit and direct the 6 th respondent to issue the building permit, to construct the residential house for the petitioner, considering the fact that they have no other land than the land covered by Ext.P1 document."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioners that as against Ext.P12 order, Ext.P13 appeal has

been preferred by the petitioner and it is liable to be considered

within a time limit.

4. The learned Government Pleader submits that in case

Ext.P13 is received and pending before the 7th respondent, the

same will be considered in accordance with law.

There will be a direction to the 7 th respondent to take up

Ext.P13 appeal filed by the petitioner and consider and pass

orders on the same, if the same is received and pending before

the said authority and after hearing the petitioners by any

appropriate means, including video conferencing within a period

of two months from the date of receipt of a copy of this

judgment.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 1924/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTERED DEED NO.781/2012 DATED 27.02.2012.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE KDS 657/18 DATED 29.01.2018 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.A2-6212/12 (206/12-13) DATED 05.12.2012 ISSUED BY THE 6TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE CERTIFICATE NO.1751/17 DATED 30.06.2013 ISSUED BY THE 4TH RESPONDENT. Exhibit P5 TRUE COPY OF THE ORDER NO.L-25309/13 DATED 09.01.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

Exhibit P6 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 7.2.2018 SUBMITTED BY THE PETITIONERS TO THE 6TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE PETITION DATED 21.03.2018 SUBMITTED BY THE PETITIONER TO THE SUB INSPECTOR OF POLICE, CHEVAYOOR.

Exhibit P8 TRUE COPY OF THE FIR IN CRIME NO.0169/2018 DATED 21.03.2018 OF THE SUB INSPECTOR OF POLICE, CHEVAYOOR.

Exhibit P9 TRUE COPY OF THE NOTICE NO.B3-2135/18 DATED 21.03.2018 ISSUED BY THE 6TH RESPONDENT. Exhibit P10 TRUE COPY OF THE ORDER NO.L1/25309/13 DATED 26.03.2018 ISSUED BY THE 2ND RESPONDENT. Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 22.06.2018 IN WPC NO.20576 OF 2018.

Exhibit P12 TRUE COPY OF THE ORDER NO.DCKKD/11572/18/L1 DATED 31.10.2018 ISSUED BY THE 2ND RESPONDENT. Exhibit P13 TRUE COPY OF THE APPEAL DATED 23.03.2021 FILED BEFORE THE 7TH RESPONDENT BY THE PETITIONER. Exhibit P14 TRUE COPY OF THE PHOTOGRAPH OF THE WATER CHANNEL IN THE LAND.