Kerala High Court
Chembakassery Nafeesa vs State Of Kerala on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 7264 OF 2022
PETITIONERS:
1 CHEMBAKASSERY NAFEESA,
AGED 66 YEARS
D/O. CHEMBAKASSERY MOHAMMED, CHEMBAKASSERY HOUSE,
CHERUKULAMBA, POST VATTALOOR, KURUVA VILLAGE, PANG
AMSOM, MALAPPURAM DISTRICT, PIN 676 507.
2 CHEMBAKASSERY KADIYUMMA,
AGED 70 YEARS
D/O. CHEMBAKASSERY MOHAMMED, CHEMBAKASSERY HOUSE,
CHERUKULAMBA, POST VATTALOOR, KURUVA VILLAGE, PANG
AMSOM, MALAPPURAM DISTRICT, PIN 676 507.
3 CHEMBAKASSERY AYISHA,
D/O. CHEMBAKASSERY MOHAMMED, CHEMBAKASSERY HOUSE,
CHERUKULAMBA, POST VATTALOOR, KURUVA VILLAGE, PANG
AMSOM, MALAPPURAM DISTRICT, PIN 676 507.
4 CHEMBAKASSERY AMINA,
AGED 54 YEARS
D/O. CHEMBAKASSERY MOHAMMED, CHEMBAKASSERY HOUSE,
CHERUKULAMBA, POST VATTALOOR, KURUVA VILLAGE, PANG
AMSOM, MALAPPURAM DISTRICT, PIN 676 507.
5 CHEMBAKASSERY RUKHIYA,
AGED 51 YEARS
D/O. CHEMBAKASSERY MOHAMMED, CHEMBAKASSERY HOUSE,
CHERUKULAMBA, POST VATTALOOR, KURUVA VILLAGE, PANG
AMSOM, MALAPPURAM DISTRICT, PIN 676 507.
6 MOHAMMED SHERIFF,
AGED 48 YEARS
S/O. THE LATE MARIYAMU ,(D/O. CHEMBAKASSERY MOHAMMED)
CHEMBAKASSERY HOUSE, CHERUKULAMBA, POST VATTALOOR,
KURUVA VILLAGE, PANG AMSOM, MALAPPURAM DISTRICT, PIN
676 507.
7 KADEEJA,
AGED 51 YEARS
D/O. THE LATE MARIYAMU ,(D/O. CHEMBAKASSERY MOHAMMED)
CHEMBAKASSERY HOUSE, CHERUKULAMBA, POST VATTALOOR,
KURUVA VILLAGE, PANG AMSOM, MALAPPURAM DISTRICT, PIN
WP(C) NO. 7264 OF 2022 2
676 507.
8 FATHIMA,
AGED 42 YEARS
D/O. THE LATE MARIYAMU ,(D/O. CHEMBAKASSERY
MOHAMMED) CHEMBAKASSERY HOUSE, CHERUKULAMBA, POST
VATTALOOR, KURUVA VILLAGE, PANG AMSOM, MALAPPURAM
DISTRICT, PIN 676 507.
9 AFSATH,
AGED 39 YEARS
D/O. THE LATE MARIYAMU ,(D/O. CHEMBAKASSERY
MOHAMMED) CHEMBAKASSERY HOUSE, CHERUKULAMBA, POST
VATTALOOR, KURUVA VILLAGE, PANG AMSOM, MALAPPURAM
DISTRICT, PIN 676 507.
10 RABIYATH,
AGED 37 YEARS
D/O. THE LATE MARIYAMU ,(D/O. CHEMBAKASSERY
MOHAMMED) CHEMBAKASSERY HOUSE, CHERUKULAMBA, POST
VATTALOOR, KURUVA VILLAGE, PANG AMSOM, MALAPPURAM
DISTRICT, PIN 676 507.
11 SOUDABI,
AGED 34 YEARS
D/O. THE LATE MARIYAMU ,(D/O. CHEMBAKASSERY
MOHAMMED) CHEMBAKASSERY HOUSE, CHERUKULAMBA, POST
VATTALOOR, KURUVA VILLAGE, PANG AMSOM, MALAPPURAM
DISTRICT, PIN 676 507.
BY ADVS.
T.KRISHNANUNNI (SR.)
VINOD RAVINDRANATH
MEENA.A.
K.C.KIRAN
M.R.MINI
M.DEVESH
ASHWIN SATHYANATH
ANISH ANTONY ANATHAZHATH
THAREEQ ANVER K.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695 001.
WP(C) NO. 7264 OF 2022 3
2 THE DISTRICT COLLECTOR,
MALAPPURAM TREASURY- COLLECTORATE ROAD, UPHILL,
MALAPPURAM DISTRICT, PIN 676 505.
3 THE TALUK LAND BOARD, PERINTHALMANNA,
MALAPPURAM DISTRICT, PIN 679 322.
OTHER PRESENT:
SMT.MABLE.C.KURIAN.SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 7264 OF 2022 4
JUDGMENT
This writ petition was filed with an assertion
that the jurisdictional Taluk Land Board (TLB) was
not functioning.
2. However, the learned Senior Government
Pleader - Smt.Mable C.Kurian, submitted that the
afore assertion of the petitioners, made by their
learned Senior Counsel, Shri.T.Krishnanunni,
instructed by Smt.Mini M.R. is not correct and that
the TLB is now functioning.
3. In view of the afore submissions of the
learned Senior Government Pleader and recording the
same, I do not think that it will be necessary for
this Court to enter into the merits of any of the
contentions of the petitioners. In fact, the
petitioners also admit that if the TLB is
functioning, their remedies are before it.
Resultantly, I dispose of this writ petition,
ordering that the interim order granted by this
Court on 04.03.2022 and extended thereafter, will
remain in force for a period of one month from the
date of receipt of a copy of this judgment.
It is also needless to say that petitioners will
be at full liberty to move the TLB appropriately,
for which purpose, all their contentions are left
open
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/24.3
APPENDIX OF WP(C) 7264/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER OF THE LAND
TRIBUNAL, ANGADIPURAM IN O.A. NO.
357/1976 ON ITS FILE DATED 23.03.1976.
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF PURCHASE
ISSUED BY THE LAND TRIBUNAL, ANGADIPURAM
DATED 23.03.1976.
Exhibit P3 TRUE COPY OF THE DOCUMENT NO. 682/1975,
S.R.O, PERINTHALAMANNA DATED 19.12.2006.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED
26.11.1991 ISSUED BY THE TALUK LAND
BOARD, PERINTHALAMANNA WITH TYPED COPY OF
THE RELEVANT PAGES OF EXT. P4.
Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED FROM THE VILLAGE OFFICER, KURUVA
TO THE 1ST PETITIONER DATED 10.02.2022.
Exhibit P5(a) TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED FROM THE VILLAGE OFFICER, KURUVA
TO THE 2ND PETITIONER DATED 10.02.2022.
Exhibit P5(a) TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED FORM THE VILLAGE OFFICER, KURUVA,
TO THE 3RD PETITIONER DATED 10.02.2022.
Exhibit P5(c) TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED FROM THE VILLAGE OFFICER,KURUVA TO
THE 4TH PETITIONER DATED 10.02.2022.
Exhibit P5(d) TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED FROM THE VILLAGE OFFICER, KURUVA
TO THE 5TH PETITIONER DATED 10.02.2022.
Exhibit P5(e) TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED FROM THE VILLAGE OFFICER, KURUVA
TO THE 6TH PETITIONER DATED 10.02.2022.
Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED TO THE
1ST PETITIONER FOR PAYMENT OF REVENUE
DATED 17.08.2021.
Exhibit P6(a) TRUE COPY OF THE RECEIPT ISSUED TO THE
2ND PETITIONER FOR PAYMENT OF REVENUE
DATED 02.10.2021.
Exhibit P6(b) TRUE COPY OF THE RECEIPT ISSUED TO THE
3RD PETITIONER FOR PAYMENT OF REVENUE
DATED 02.10.2021.
Exhibit P6(c) TRUE COPY OF THE RECEIPT ISSUED TO THE
4TH PETITIONER FOR PAYMENT OF REVENUE
DATED 02.10.2021.
Exhibit P6(d) TRUE COPY OF THE RECEIPT ISSUED TO THE
5TH PETITIONER FOR PAYMENT OF REVENUE
DATED 10.02.2022
Exhibit P6(e) TRUE COPY OF THE RECEIPT ISSUED TO THE
PETITIONERS 6 AND 11 FOR PAYMENT OF
REVENUE DATED 02.10.2021.
