Abdul Azeez vs State Of Kerala
2022 Latest Caselaw 6990 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                  WP(C) NO. 26701 OF 2020
PETITIONER:

         ABDUL AZEEZ,
         AGED 42 YEARS,
         S/O ATHRUMAN, MAVILERIPARAPARAMMEL
         HOUSE, PARANNOOR, KOZHIKODE DISTRICT, PIN-673585.
         BY ADVS.
         P.MOHAMED SABAH
         SMT.SAIPOOJA


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTS BY SECRETARY REVENUE DEPARTMENT,
         THIRUVANANTHAPURAM-695001.

    2    THE DISTRICT COLLECTOR,
         KOZHIKODE, CIVIL STATION,
         KOZHIKODE-673020.

    3    NARIKKUNNI GRAMA PANCHAYATH,
         NARIKKUNNI.P.O, KOZHIKODE,
         PIN-673585, REPRESENTED BY ITS SECRETARY.

    4    THE SECRETARY,
         NARIKKUNNI GRAMA PANCHAYATH, NARIKKUNNI.P.O,
         KOZHIKODE, PIN-673585.

    5    LOCAL LEVEL MONITORING COMMITTEE,
         NARIKKUNNI GRAMA PANCHAYAT,
         REPRESENTED BY ITS CONVENOR AGRICULTURAL OFFICER,
         NARIKKUNNI, PIN-673585.

    6    THE DIRECTOR,
         KERALA STATE REMOTE SENSING AND ENVIRONMENT
         CENTER(KSREC),
         THIRUVANANTHAPURAM-695001.
 W.P.(C) NO.26701 OF 2020              2



       *       ADDL.R7 IMPLEADED:

   ADDL.R7     THE REVENUE DIVISIONAL OFFICER,
               KOZHIKODE.

       *       ADDITIONAL 7TH RESPONDENT IS SUO MOTU IMPLEADED AS
               PER JUDGMENT DATED 17.06.2022 IN W.P.(C)NO.26701 OF
               2020.

               BY ADVS.
               VINOD SINGH CHERIYAN
               T.M.KHALID
               K.P.SUSMITHA

               SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
  ON   17.06.2022,   THE   COURT    ON    THE   SAME   DAY   DELIVERED   THE
  FOLLOWING:
 W.P.(C) NO.26701 OF 2020             3



                     P.V.KUNHIKRISHNAN, J.
                    ==================
                      W.P.(C) No.26701 of 2020
                    ==================
                 Dated this the 17th day of June, 2022

                               JUDGMENT

The above writ petition is filed seeking the following prayers:

"(i) Issue a writ of certiorari and call for the records leading to the preparation of exhibit P5 report and quash the same as illegal.

(ii) Issue a writ of mandamus or any other appropriate writ directing the respondent No.5 to remove the property of the petitioner from the data bank.

(iii) Issue a writ of mandamus or any other appropriate writ directing the respondent No.4 to renew the tenure of exhibit P2 building permit.

(iv) Issue a writ of mandamus or any other appropriate writ directing the respondent No.6 to take satellite images of the property of the petitioner and submit before the respondent No.5."

2. The main prayer in this writ petition is to quash Ext.P5.

Ext.P5 is a recommendation of the 5th respondent. The second

prayer in this writ petition is for issuing a direction to the 5 th

respondent to remove the property of the petitioner from the Data

Bank. There are other connected reliefs also.

3. I have heard the learned counsel for the petitioner and the

learned Government Pleader.

4. A perusal of Ext.P5 would show that it is only a

recommendation by the 5th respondent. The Revenue Divisional

Officer, Kozhikode is suo motu impleaded as additional 7th

respondent in this writ petition. The petitioner can approach the

additional 7th respondent with a representation narrating all his

grievance. The additional 7th respondent will consider all the

aspects and take appropriate decision. The petitioner is free to

produce additional documents, if any, also along with the

representation so that the additional 7th respondent can pass

appropriate orders. If any application is received by the additional

7th respondent to get a report from the 6th respondent, the

additional 7th respondent shall get that report also from the 6 th

respondent. Thereafter, the additional 7th respondent will pass

appropriate orders in accordance with jurisdiction.

In the result, this writ petition is disposed of with the following

directions:

                      i)        The   petitioner     is    free    to     file

                 representation       before       the    additional       7th

respondent narrating his grievance raised in

this writ petition within three weeks from the

date of receipt of a copy of this judgment.

ii) On such a representation is received,

the additional 7th respondent will consider the

same and pass appropriate orders in

accordance with law, as expeditiously as

possible, at any rate within a period of three

months from the date of receipt of such

representation along with additional

documents, if any.

iii) The additional 7th respondent will also

call for a report from the 6th respondent, if

such an application is filed by the petitioner.

iv) All the contentions raised by the

petitioner in this writ petition are left open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DSV/18.06.2022

APPENDIX OF WP(C) 26701/2020

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 30.09.2020 ISSUED BY VILLAGE OFFICE NARIKKUNNI.

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 06.06.2014 ISSUED BY THE RESPONDENT NO.4 TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE ACNOWLEDGEMENT DATED 06.07.2019 ISSUED FROM RESPONDENT NO.3 PANCHAYAT EVIDENCING THE RENEWAL APPLICATION SUBMITTED BY THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE AWARD DATED 26.07.2019 IN THE ADALATH CONDUCTED BY THE LOCAL SELF GOVERNMENT DEPARTMENT.

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 04.03.2020 SUBMITTED BY THE CONVENOR OF THE RESPONDENT NO.5 BEFORE THE RESPONDENT NO.5.

RESPONDENTS' EXHIBITS :

EXHIBIT R5(a) A TRUE COPY OF THE DECISION OF THE LLMC DATED 14.06.2018.

ANNEXURE R5(B) A TRUE COPY OF THE REPORT OF THE AGRICULTURE OFFICER.

ANNEXURE R5(C) A TRUE COPY OF THE NOTIFICATION OF THE DRAFT DATA BANK.