Kerala High Court
Abdul Muneer K.N vs The District Collector on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
WP(C) NO. 21300 OF 2020
PETITIONER:
K.N.ABDUL SALAM
AGED 46 YEARS
S/O. ALAVI HAJI, KUNNATH NADUTHODI HOUSE,
PAPPINIPARA P.O., ANAKKAYAM VILLAGE,
MALAPPURAM DISTRICT.
BY ADV SRI K.RAKESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, MALAPPURAM, PIN 676 505
2 THE REVENUE DIVISIONAL OFFICER,
PERINTHALMANNA,
MALAPPURAM DISTRICT PIN 679 322
3 THE VILLAGE OFFICER,
MANJERI VILLAGE,
MALAPPURAM PIN 676 121
4 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENNER,
THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
MANJERI, MALAPPURAM DISTRICT,
PIN 676 121
BY SRI RAJEEV JYOTHISH GEORGE, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2022, ALONG WITH WP(C).21311/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 21300 OF 2020 &
WP(C) NO. 21311 OF 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
WP(C) NO. 21311 OF 2020
PETITIONER:
ABDUL MUNEER K.N.,
AGED 44 YEARS
S/O.ALAVI HAJI,2/201,KUNNATHU NADUTHODI,
ANAKKAYAM,PAPPINIPARA,MALAPPURAM DISTRICT.
BY ADV SRI K.RAKESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE,
MALAPPURAM, PIN-676 505.
2 THE REVENUE DIVISIONAL OFFICER,
PERINTHALMANNA,
MALAPPURAM DISTRICT,PIN-679 322.
3 THE VILLAGE OFFICER,
MANJERI VILLAGE,MALAPPURAM,
PIN-676121.
4 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER,
THE AGRICULTURAL OFFICER,
KRISHI BHAVAN,MANJERI,
MALAPPURAM DISTRICT,PIN-676121.
BY ADV. SRI. B.S SYAMANTHAK, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, ALONG WITH WP(C).21300/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 21300 OF 2020 &
WP(C) NO. 21311 OF 2020
3
T.R.RAVI, J.
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WP(C) No.21300 OF 2020 & WP(C) No.21311 OF 2020
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Dated this the 11th day of January, 2022
JUDGMENT
The petitioners have been issued with building permits
which are valid till July 2022. They are not permitted to effect
construction. Pending the writ petition, a report has been
filed by the Village Officer, Manjeri wherein it is stated that
even though KLU orders have been issued, there is a lack of
clarity as the survey numbers of the properties of the
petitioners do not match with the survey numbers shown in
the KLU order. The counsel for the petitioners submits that a
mistake has occurred after the lands were acquired for the
purpose of Manjeri Bypass Road. It is submitted that the
petitioners have no other land other than the lands which are
lying adjacent to the bus stand. It is also submitted that they
may be permitted to produce all the necessary documents
before the Village Officer and bring clarity to the issue.
In the above circumstances, the writ petitions are
disposed of permitting the petitioners to approach the Village
WP(C) NO. 21300 OF 2020 &
WP(C) NO. 21311 OF 2020
Officer with all necessary documents to identify the
properties which belong to them and to convince the Village
Officer that it is the very same property with regard to which
the KLU orders have also been issued. The petitioners may
file necessary representations before the Village Officer
within one week from today. The Village Officer shall
consider the request and take a final decision regarding the
identity of the properties within two weeks therefrom. If it is
ascertained that the properties are the same, then there is
no necessity for any further interference with the petitioners
carrying on the works as per the building permits.
Sd/-
T.R.RAVI
JUDGE
Sn
WP(C) NO. 21300 OF 2020 &
WP(C) NO. 21311 OF 2020
APPENDIX OF WP(C) 21300/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE KERALA LAND UTILIZATION ORDER PASSED
BY THE 2ND RESPONDENT DATED,
24-08-2002 AS NO. K.DIS 5526/2002/M
EXHIBIT P2 TRUE COPY OF THE KERALA LAND UTILIZATION ORDER PASSED
BY THE 2ND RESPONDENT DATED,
31-08-2002 AS NO. K. DIS 5527/2002/M
EXHIBIT P3 TRUE COPY OF THE KERALA LAND UTILIZATION ORDER PASSED
BY THE 2ND RESPONDENT DATED,
24-08-2002 AS NO. K. DIS 5528/2002/M.
EXHIBIT P4 TRUE COPY OF THE KERALA LAND UTILIZATION ORDER PASSED
BY THE 2ND RESPONDENT DATED,
31-08-2002 AS NO. K. DIS 5529/2002/M
EXHIBIT P5 TRUE COPY OF THE KERALA LAND UTILIZATION ORDER PASSED
BY THE 2ND RESPONDENT DATED,
31-08-2002 AS NO. K. DIS 5530/2002/M
EXHIBIT P6 TRUE COPY OF THE PERMIT ISSUED BY THE SECRETARY OF
THE MANJERI MUNICIPALITY DATED 2-7-2016.
EXHIBIT P7(A) TRUE COPIES OF THE LAND TAX RECEIPTS ISSUED TO THE
TO P7(J) PREDECESSORS OF THE PETITIONER BY THE VILLAGE
OFFICER, MANJERI
EXHIBIT P8 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER
BY THE VILLAGE OFFICER, MANJERI DATED, 31-01-2013
EXHIBIT P9 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE
OFFICER, MANJERI PERTAINING TO THE YEAR 2014-15 DT
04-07-2014
EXHIBIT P10 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE
VILLAGE OFFICER ON 12-08-2015
EXHIBIT P11 TRUE COPY OF THE BUILDING PERMIT DATED,
02-07-2016 ALONG WITH THE PLAN APPROVED BY THE
MANJERI MUNICIPALITY
WP(C) NO. 21300 OF 2020 &
WP(C) NO. 21311 OF 2020
APPENDIX OF WP(C) 21311/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE KERALA LAND UTILIZATION
ORDER PASSED BY THE 2ND RESPONDENT DATED,
11-6-2002 AS NO.B7-18335/2002
EXHIBIT P2 TRUE COPY OF THE KERALA LAND UTILIZATION
ORDER PASSED BY THE 2ND RESPONDENT DATED,
11-6-2002 AS NO.B7-8336/2002
EXHIBIT P3 TRUE COPY OF THE KERALA LAND UTILIZATION
ORDER PASSED BY THE 2ND RESPONDENT DATED,11-
6-2002 AS NO.B7-8339/2002
EXHIBIT P4 TRUE COPY OF THE PERMIT ISSUED BY THE
SECRETARY OF THE MANJERI MUNICIPALITY
DATED,26-11-2018.
