Muhammed Hashim.K vs The Revenue Divisional Officer ...
2023 Latest Caselaw 5230 Ker

WP(C) NO. 14351 OF 2023

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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                          WP(C) NO. 14351 OF 2023
PETITIONER:

             MUHAMMED HASHIM.K ,
             AGED 40 YEARS
             S/O. M.A. KAJAMOIDEEN, KADEEJA MANZIL, 2/118,
             KADAMKODE, KARINGARAPULLY POST, KODUMBA, PALAKKAD
             DISTRICT, PIN - 678551
             BY ADVS.
             JACOB SEBASTIAN
             WINSTON K.V
             ANU JACOB
             DIVYA R. NAIR


RESPONDENTS:

     1       THE REVENUE DIVISIONAL OFFICER PALAKKAD
             OFFICE OF THE REVENUE DIVISIONAL OFFICER PALAKKAD,
             PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT, PIN -
             678001
     2       THE ADDITIONAL TAHSILDAR
             (LAND RECORDS), TALUK OFFICE, CIVIL STATION, PALAKKAD
             DISTRICT, PIN - 678001
     3       THE VILLAGE OFFICER
             PALAKKAD-3 VILLAGE, PALAKKAD DISTRICT, PIN - 678001

             SMT. VIDYA KURIAKOSE
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14351 OF 2023

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                          VIJU ABRAHAM, J.
                --------------------------------------------
                     W.P.(C) No.14351 of 2023
               -----------------------------------------------
                Dated this the 20th day of April, 2023

                                 JUDGMENT

The above writ petition is filed seeking a direction to the

2nd respondent to consider and pass orders on Ext.P8

application. The petitioner submits that the property is

covered by Exts.P1 to P6 KLU orders obtained by the

predecessor of the petitioner. The petitioner seeks for a

direction to consider Ext.P8 application in the light of Exts.P1

to P6 KLU orders and Exts.P9 and P10 judgment. The learned

Government Pleader on instruction submits that Ext. P8

application could be directed to be disposed of, but liberty

may be granted to the authorities to verify the veracity of the

KLU permission and as to whether the same could be made

applicable to the case of the petitioner. Therefore, the above

writ petition is disposed of with a direction to the 2 nd

respondent to consider and pass orders on Ext.P8 application,

taking into consideration Exts. P1 to P6 KLU orders and WP(C) NO. 14351 OF 2023

Exts. P9 and P10 judgment, and a decision in this regard shall

be taken within a period of two months from the date of

receipt of copy of this judgment. It is made clear that the

second respondent is free to verify the veracity of Exts. P1 to

P6 KLU orders and also as to the applicability of the same to

the case of the petitioner.

Sd/-

VIJU ABRAHAM JUDGE msp WP(C) NO. 14351 OF 2023

APPENDIX OF WP(C) 14351/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE KLU ORDER NO.J-2360/2008/K-DIS DATED 15.05.2008 ISSUED BY THE FIRST RESPONDENT Exhibit-P2 A TRUE COPY OF THE KLU ORDER NO.J-2357/2008/K-DIS DATED 15.05.2008 ISSUED BY THE FIRST RESPONDENT Exhibit-P3 A TRUE COPY OF THE KLU ORDER NO.J-2368/2008/K-DIS DATED 17.05.2008 ISSUED BY THE FIRST RESPONDENT Exhibit-P4 A TRUE COPY OF THE KLU ORDER NO.J-2369/2008/K-DIS DATED 17.05.2008 ISSUED BY THE FIRST RESPONDENT Exhibit-P5 A TRUE COPY OF THE KLU ORDER NO.J-2348/2008/K-DIS DATED 13.05.2008 ISSUED BY THE FIRST RESPONDENT Exhibit-P6 A TRUE COPY OF THE KLU ORDER NO.J-2362/2008/K-DIS DATED 16.05.2008 ISSUED BY THE FIRST RESPONDENT Exhibit-P7 A TRUE COPY OF SALE DEED NO.393/1/2017 OF SRO PALAKKAD EXECUTED ON 30.01.2017 Exhibit-P8 A TRUE COPY OF THE APPLICATION DATED 03.04.2023 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ALONG WITH ACKNOWLEDGEMENT DATED 03.04.2023 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT Exhibit-P9 A TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.P.(C) NO.16536/2018 OF THIS HON'BLE COURT Exhibit-P10 A TRUE COPY OF THE JUDGMENT DATED 16.12.2020 IN W.P.(C) NO.26007/2020 OF THIS HON'BLE COURT