Kerala High Court
Mohammed Rafi vs State Of Kerala on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 13189 OF 2013
PETITIONER/S:
MOHAMMED RAFI, AGED 40 YEARS
S/O SYED, RAFI MANZIL, MATHIRA P.O., PIN:691 536
KADAKKAL, KOLLAM. (THE ADDRESS OF THE PETITIONER IS
CORRECTED AS 'MOHAMMED RAFFI, S/O.N.MOHAMMED
HUSSAIAN KHAN, AGED 36 YEARS, TC 49/90, RAFEEKA
MANZIL, KAMALESWARAM, MANKKAD.P.O.,
THIRUVANANTHAPURAM' AS PER ORDER DATED 07.10.2013 IN
IA 12864/2013)
BY ADVS.
SMT.C.G.BINDU
SMT.C.G.AJITHA
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM.
2 SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (SC)
DEPARTMENT, THIRUVANANTHAPURAM.
3 DISRICT COLECTOR
COLLECTORATE, THIRUVANANTHAPURAM.
4 THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY
REPRESENTED BY ITS SECRETARY, OFFICE OF THE
SECRETARY, OFFICE OF THE THIRUVANANTHAPURAM
DEVELOPMKENT AUTHORITY, THIRUVANANTHAPURAM.
BY ADVS.
SENIOR GOVERNMENT PLEADER - SMT. MARY BEENA JOSEPH
SRI.K.A.JALEEL, SC., TRIDA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.06.2023, ALONG WITH WP(C).10656/2014, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13189 of 2013 & 10656 of 2014
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 10656 OF 2014
PETITIONER/S:
MOHAMMED RAFI, AGED 36 YEARS
S/O.N.MOHAMMED HUSSAIN KHAN, TC 49/90,RAFEEKA
MANZIAL, KAMALESWARAM, MANAKKAD.P.O,
THIRUVANANTHAPURAM.
BY ADVS.
SMT.C.G.BINDU
SMT.C.G.AJITHA
RESPONDENT/S:
1 STATE OF KERALA, COLLECTORATE, THIRUVANANTHAPURAM.
2 SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (SC)
DEPARTMENT, THIRUVANANTHAPURAM.
3 THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY
REPRESENTED BY ITS SECRETARY, (TRIDA)OFFICE OF THE
THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY,
THIRUVANANTHAPURAM.
4 R.MOHANKUMAR, TENANT OF BUILDING NO.T.C.28/2208,
SURYA MUSIC, THAKARAPARAMBU, THIRUVANANTHAPURAM.
5 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM.
BY ADVS.
SENIOR GOVERNMENT PLEADER - SMT. MARY BEENA JOSEPH
SRI.K.A.JALEEL, SC, TRIDA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.06.2023, ALONG WITH WP(C).13189/2013, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13189 of 2013 & 10656 of 2014
..3..
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WP(C) Nos.13189 of 2013 & 10656 of 2014
------------------------------------------
JUDGMENT
These writ petitions are filed aggrieved by
the non inclusion of the petitioner in the
rehabilitation package formulated for the
protection of persons, who are affected by the
Capital Region Development Programme.
2. Today, when the matter came up for
hearing, it is submitted that though the
petitioner was included in the rehabilitation
package, the respondents are collecting rent from
the petitioner in the new accommodation provided
to the petitioner.
3. If the petitioner is aggrieved by
collection of rent by the respondents, the
petitioner has to approach the appropriate
authority for redressal of the grievance.
WP(C) Nos.13189 of 2013 & 10656 of 2014
..4..
With the observation as above, the writ
petitions are closed since nothing survives to be
adjudicated.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
WP(C) Nos.13189 of 2013 & 10656 of 2014
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APPENDIX OF WP(C) 10656/2014
PETITIONER EXHIBITS
EXT.P1 COPY OF THE SALE DEED NO.2431/97
OF THE THIRUVANANTHAPURAM SUB REGISTRY
EXT.P2 COPY OF THE SALE DEED
NO.2180/1997 OF THIRUVANANTHAPURAM SRO
EXT.P3 COPY OF THE CONSENT LETTER IN
FAVOUR OF THE PETITIONER
EXT.P4 COPY OF THE CONSENT LETTER IN
FAVOUR OF THE PETITIONER
EXT.P5 COPY OF THE SALE DEED
NO.289/2000 OF THIRUVANANTHAPURAM SRO.
EXT.P6 COPY OF THE DEMAND NOTICE
DT.8/12/1999 FOR PROPRETY TAX ISSUED BY
THE THIRUVANANTHAPURAM CORPORATION
EXT.P7 COPY OF THE DEMAND NOTICE
DT.17/2/2001 FOR PROPERTY TAX ISSUED BY
THE THIRUVANANTHAPURAM CORPORATION
EXT.P7(A)COPY OF THE DEMAND NOTICE
DT.17/2/2001 FOR PROPERTY TAX ISSUED BY
THE THBIRUVANANTHAPURAM CORPORATION
EXT.P8 COPY OF THE PROPRETY TAX RECEIPT
OF THE BUILDING PERMIT NO.TC 28/2008.
EXT.P9 COPY OF THE LAND TAX PAID REEIPT
ISSUED BY THE VANCHIYOOR VILLAGE
EXT.P10 COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE VANCHIYOOR
VILLAGE OFFICE.
WP(C) Nos.13189 of 2013 & 10656 of 2014
..6..
EXT.P11 COPY OF THE ELECTRICITY BILL OF
THE BUILDING
EXT.P12 COPY OF THE RECEIPT ISSUED BY
THE KERALA WATER AUTHORITY FOR THE
WATER SUPPLY TO THE BUILDING.
EXT.P13 COPY OF THE DEMAND NOTICE FOR
PROFESSION TAX ISSUED AGAINST THE
PETITIONER FOR THE PERIOD 2001-2002.
EXT.P13(A) COPY OF THE DEMAND NOTICE
FOR PROFESSION TAX ISSUED AGAINST THE
PETITIONER FOR THE PERIOD 2002-2003.
EXT.P13(B) COPY OF THE DEMAND NOTICE
FOR PROFESSION TAX ISSUED AGAINST THE
PETITIONER FOR THE PERIOD 2002-2003.
EXT.P13(C) COPY OF THE DEMAND NOTICE
FOR PROFESSION TAX ISSUED AGAINST THE
PETITIONER FOR THE PERIOD 2003-2004
EXT.P14 COPY OF THE RENT DEED EXECUTED
IN BETWEEN PETITIONERAND HIS TENANT THE
4TH RESPONDENT-MR.MOHANKUMAR WHO IS
RUNNING M/S.SURYA MUSIC.
EXT.P15 COPY OF THE GAZETTE
NOTIFICATION DT.31/3/2005.
EXT.P15(A) COPY OF THE GAZETTE
NOTIFICATION DT.31/3/2005.
EXT.P15(A) COPY OF THE TYPED COPY OF
FRONT PAGE OF EXT.P15
EXT.P16 COPY OF THE DETAILS OF SHOP
MARKED FOR 100% ACQUISITION
EXT.P17 COPY OF THE JUDGMENT
DT.26/7/2005 IN WP(C) 22114/2005 OF
THIS HON'BLE COURT
WP(C) Nos.13189 of 2013 & 10656 of 2014
..7..
EXT.P18 COPY OF THE JUDGMENT
DT.11/8/2005 OF THIS HON'BLE COURT
EXT.P19 COPY OF THE JUDGMENT
DT.4/11/2009 IN WP(C)13657/2008 OF THIS
HON'BLE COURT
EXT.P20 COPY OF THE REPRESENTATION
DT.18/9/2012 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
EXT.P21 COPY OF THE PROPERTY TADX PAID
RECEIPT DT.5/6/07 IN THE NAME OF
PETITIONER'S FATHER
EXT.P22 COPY OF THE NOTICE DT.6/3/2008
ISSUED BY THE KSEB AGAINST THE
PETITIONER'S FATHER.
EXT.P23 COPY OF THE ORDER DT.28/4/2011
ISSUED BY THE THIRUVANANTHAPURAM
CORPORATION IN FAVOUR OF THE
PETITIONER'S FATHER SHOWING THE
PARTITION OF HIS SHOP ROOM.
EXT.P24 COPY OF THE SKETCH SHOWING THE
LIE AND LOCATION OF PETITIONER'S SHOP
ROOM.
EXT.P25 COPY OF THE ORDER DT.25/08/2013
ISSUED BY THE IST RESPONDENT
EXT.P26 COPY OF THE OBJECTION
DT.11/9/2013 SUBMITTED BY THE
PETITIONER ALONG WITH HIS PARENTS AND
BROTHER
EXT.P27 COPY OF THE NOTICE DT.21/6/2007
ISSUED BY THE 5TH RESPONDENT TO THE
PERSONS WHO ARE GOING TO BE EVICTED.
WP(C) Nos.13189 of 2013 & 10656 of 2014
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EXT.P28 COPY OF THE REPRESENTATION
DT.27/6/2007 SUBMITTED BY THE
PETITIONER.
EXT.P29 COPY OF THE INTERIM ORDER DATED
27/12/2013 IN WP(C)30757/2013 OF THIS
HON'BLE COURT.
WP(C) Nos.13189 of 2013 & 10656 of 2014
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APPENDIX OF WP(C) 13189/2013
PETITIONER EXHIBITS
EXHIBIT P1: TRUE COPY OF THE TITLE DEED
OF THE PETITIONER.
EXHIBIT P2: TRUE COPY OF THE BASIC TAX
PAID RECEIPT.
EXHIBIT P2(A): TRUE COPY OF THE
PROPERTY TAX PAID RECEIPT.
EXHIBIT P2(B): TRUE COPY OF THE
POSSESSION CERTIFICATE ISSUED BY
VANCHIYOOR VILLAGE OFFICER.
EXHIBIT P3: TRUE COPY OF THE JUDGMENT
DATED 26.7.2005 OF THIS HON'BLE COURT
IN WPC 22114/2005.
EXHIBIT P4: TRUE COPY OF THE JUDGMENT
DATED 4.11.2009 OF THIS HON'BLE COURT
IN WPC 13657/2008.
EXHIBIT P5: TRUE COPY OF THE
REPRESENTATION DATED 23.8.12 SUBMITTED
BEFORE THE 4TH RESPONDENT.
EXHIBIT P6: TRUE COPY OF THE
REPRESENTATION DATED 18.9.2012
SUBMITTED BEFORE THE 4TH RESPONDENT.
