Amina Sheik vs The Special Tahsildar (Land ...
2022 Latest Caselaw 7747 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                         WP(C) NO. 20940 OF 2022

PETITIONERS:


     1     AMINA SHEIK
           AGED 46 YEARS, WIDOW OF LATE MOHAMED AFSAL,
           RESIDING AT MUBARAK MANZIL,
           BAPPAYITHOTTI, UPPALA,
           KASARAGOD DISTRICT, PIN: 671 327.

     2     MOHAMMED DHANISH,
           AGED 23 YEARS, S/O LATE MOHAMED AFSAL,
           RESIDING AT MUBARAK MANZIL,
           BAPPAYITHOTTI, UPPALA,
           KASARAGOD DISTRICT, PIN : 671 327.

     3     MOHAMMED AIMAN,
           AGED 18 YEARS, S/O LATE MOHAMED AFSAL,
           RESIDING AT MUBARAK MANZIL,
           BAPPAYITHOTTI, UPPALA,
           KASARAGOD DISTRICT, PIN: 671 327,

     4     U.K. YOOSUF,
           AGED 50 YEARS, S/O ABDUL RAHIMAN,
           RESIDING AT U.K. PALACE, UPPALA,
           KASARAGOD DISTRICT, PIN : 671 327.

           BY ADV P.K.MUHAMMED

RESPONDENTS:


     1     THE SPECIAL TAHSILDAR (LAND ACQUISITION)
           NATIONAL HIGHWAY UNIT-V,
           CIVIL STATION.P.O., KASARAGOD, PIN: 671 121.

     2     THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION),
           NATIONAL HIGHWAY AND COMPETENT AUTHORITY, CIVIL
           STATION.P.O., KASARAGOD, PIN: 671 121.

     3     THE CHIEF ENGINEER (LAND ACQUISITION),
           NATIONAL HIGHWAY,
           CALICUT NORTH P.O., KOZHIKODE 673 004.


           SRI. BIMAL K. NATH, SR.GP.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20940 OF 2022
                                       2




                              T.R.RAVI, J.
                     ----------------------------------------
                      WP(C) No.20940 OF 2022
                    -------------------------------------------
                Dated this the 28th day of June, 2022

                             JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

The limited prayer made in the writ petition is for a

direction to the 2nd respondent to consider and dispose of

Ext.P13.

In view of the limited prayer made, this writ petition is

disposed of directing the 2nd respondent to consider and pass

orders on Ext.P13 with notice to the petitioners at the earliest

at any rate within one month from the date of receipt of a copy

of this judgment.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 20940 OF 2022

APPENDIX OF WP(C) 20940/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE NOTICE DATED 26.09.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE PHOTOCOPY OF AWARD IN LAC NO. 138/ UPPALA VILLAGE DATED 26.09.2020 OF THE 2ND RESPONDENT. Exhibit P3 TRUE PHOTOCOPY OF THE DEATH CERTIFICATE DATED 06.10.2020 ISSUED BY THE CHIEF REGISTRAR OF BIRTHS AND DEATHS, CORPORATION OF THE CITY OF MANGALORE.

Exhibit P4 TRUE PHOTOCOPY OF THE LEGAL HEIR CERTIFICATE BEARING NO.RDOO38847357799 ISSUED TO THE PETITIONERS 1 TO 3 ALONG WITH ITS TRUE ENGLISH TRANSLATION.

Exhibit P5 TRUE PHOTOCOPY OF RELEVANT PAGES OF SALE DEED NO.3232/2016 DATED 23.8.2016 ALONG WITH ITS TRUE ENGLISH TRANSLATION.

Exhibit P6 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED 29.5.2018 FOR RS.93,893/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE JOINT NAMES OF LATE MOHAMMED AFSAL AND 4TH PETITIONER. Exhibit P7 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED 30.11.2018 FOR RS.1,89,247/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE JOINT NAMES OF LATE MOHAMMED AFSAL AND 4TH PETITIONER. Exhibit P8 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED 24.4.2019 FOR RS.85/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE NAME OF MOHAMMED AFSAL. Exhibit P9 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED 24.04.2019 FOR RS.45/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE NAME OF 4TH PETITIONER. Exhibit P10 TRUE PHOTOCOPY OF REPRESENTATION DATED 9.6.2021 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT.

Exhibit P11 TRUE PHOTOCOPY OF JUDGMENT DATED 6.7.2021 IN W.P.

(C) NO.13143/2021.

Exhibit P12 THE PHOTOGRAPHS OF THE STEPS Exhibit P13 TRUE PHOTOCOPY OF REPRESENTATION DATED 24.6.2022 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS     :    NIL


                  //TRUE COPY//                        PA TO JUDGE