C.P.Mohammed vs Secretary To Government
2023 Latest Caselaw 765 Ker

WP(C) NO. 9089 OF 2013              1




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                         WP(C) NO. 9089 OF 2013
PETITIONER/S:

              C.P.MOHAMMED
              AGED 59 YEARS
              S/O.KADERKUTTY,CHOTHEDATH
              PALLIYALIL,VALIYAKUNNU.P.O,VALANCHERRY,MALAPPURAM.

              BY ADVS.
              SRI.T.KRISHNAN UNNI (SR.)
              SRI.K.C.KIRAN
              SMT.MEENA.A.
              SMT.P.A.SHEEJA



RESPONDENT/S:

      1       SECRETARY TO GOVERNMENT
              DEPARTMENT OF AGRICULTURE,THIRUVANANTHAPURAM,PIN-
              695001.

      2       LAND REVENUE COMMISSIONER
              THIRUVANANTHAPURAM-695001.

      3       REVENUE DIVISIONAL OFFICER
              TIRUR-676101.

      4       TAHSILDAR
              TIRUR-676101.

      5       VILLAGE OFFICER
              IRUMBILIYAM-679572.
 WP(C) NO. 9089 OF 2013                  2




      6       PALARA MOHAMMEDKUNJU
              S/O.HASSAN MASTER,PALARA
              HOUSE,KULAMANGALAM,VALANCHERRY,MALAPPURAM
              DISTRICT-676552.

              BY ADV SRI.BABU S. NAIR



OTHER PRESENT:

              SRI.RENJITH.T.R, SR.GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.01.2023,         THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 9089 OF 2013             3




                     P.V.KUNHIKRISHNAN, J
                 ---------------------------------------
                     W.P.(C) No.9089 of 2013
                  --------------------------------------
            Dated this the 12th day of January, 2023


                            JUDGMENT

The above writ petition is filed with following prayers :

"(a) Call for the records leading upto Exts.P3, P4 and P5 quash all the orders by issuing a writ of certiorari or any other appropriate writ, order or direction.

(b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to consider and take a decision on Ext.P6 representation within a period to be fixed by this Hon'ble Court.

(c) Pass an order staying the implementation of Exts.P3, P4 and P5 orders pending disposal of Ext.P6 representation.

(d) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time." [SIC]

2. The petitioner is a resident of Valiyakunnu in Tirur

Taluk of Malappuram District. According to the petitioner,

an extent of 35 cents of land in Re-Sy. No. 224/1 of

Irumbiliyam Village belongs to him. It is the case of the

petitioner that he purchased the above property in the year

1988. It is also the case of the petitioner that at the time of

purchase itself, the property is a coconut garden and it was

having a lot of yielding trees. But in the revenue records, the

classification of the property is shown as a 'Nancha'. It is the

case of the petitioner that 6th respondent who is having

some personal spite against the petitioner filed a complaint

before the authorities alleging that the petitioner violated

the provisions of Kerala Land Utilization order. The 3 rd

respondent conducted an enquiry in that matter and passed

orders directing that the property should be brought back to

its original position. The petitioner challenged the above

order by filing appeal before the 2nd respondent. The appeal

was dismissed. The revision filed by the petitioner was also

dismissed. Aggrieved by those orders, this writ petition is

filed.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. Admittedly, the impugned orders passed in this

case are under the Kerala Land Utilization Order. If the

petitioner want to change the nature of the land, the

petitioner can take appropriate steps in accordance to law.

The counsel for the petitioner submitted that Ext.P6 is

pending before the 4th respondent. Without making any

observation on merit, there can be a direction to the 4 th

respondent to consider the same and till then, the interim

order already passed by this Court staying Exts.P3, P4 and

P5 can be continued.

Therefore, this writ petition is disposed of with the

following directions :

1) There will be a direction to the 4th respondent to

consider and pass appropriate orders in Ext.P6 after

giving an opportunity of hearing to the petitioner as

expeditiously as possible, at any rate, within four

months from the date of receipt of a copy of this

judgment.

2) Till final orders are passed, all further proceedings

based on Exts.P3, P4 and P5 are kept in abeyance.

3) I make it clear that I have not considered the matter on

merit and the 4th respondent is free to pass appropriate

orders in accordance to law.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 9089/2013

PETITIONER EXHIBITS

EXHIBIT-P1 THE TRUE COPY OF THE DOCUMENT 953/1/S.R.O,KUTTIPURAM DATED 19.4.88.

EXHIBIT-P2 THE TRUE COPY OFT HE REPORT SUBMITTED BY THE VILLAGE OFFICER,DATED 28.06.2008.

EXHIBIT-P3 TRUE COPY OF THE ORDER DATED 15.11.2008 BY THE 3RD RESPONDENT.

EXHIBIT-P4 TRUE COPY OF THE ORDER DATED 17.10.2010.

EXHIBIT-P5 TRUE COPY OF THE ORDER DATED 27.2.2013 IN THE REVISION PETITION.

EXHIBIT-P6 TRUE COPY OF THE REPRESENTATION BEFORE THE 4TH RESPONDENT DATED 25.03.2013.