Abdul Kareem vs State Of Kerala
2023 Latest Caselaw 10670 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                &
                THE HONOURABLE MR.JUSTICE V.G.ARUN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                       WA NO. 1734 OF 2023
 AGAINST THE JUDGMENT IN WP(C) 2953/2022 DATED 13.07.2023 OF HIGH
                         COURT OF KERALA
NAME AND ADDRESS OF THE APPELLANTS/ADDITIONAL PETITIONERS 2 TO 4:

    1     ABDUL KAREEM
          AGED 78 YEARS
          S/O. LATE AVARAN, KANELIL HOUSE, OKKAL P.O., OKKAL,
          PERUMBAVUR, PIN - 683550
    2     ANSAR K.A.,
          AGED 48 YEARS
          S.O ABDUL KAREEM, KANELIL HOUSE, OKKAL P.O, OKKAL,
          PERUMBAVOOR, PIN - 683550
    3     HASEENA K.A.,
          AGED 45 YEARS
          W/O P.M. JAFER, PIRAMBILLIKUDY, VENGOLA P.O.,
          CHELAKKULAM, PERUMBAVOOR, PIN - 683556
          BY ADVS.
          P.LAKSHMI
          BABU KARUKAPADATH
          M.A.VAHEEDA BABU
          P.U.VINOD KUMAR
          ARYA RAGHUNATH
          VAISAKHI V.
          T.M.MUHAMMED MUSTHAQ
          AJWIN P LALSON
          KARUKAPADATH WAZIM BABU
          AYSHA E.M.
          SHIFANA KAISE


NAME AND ADDRESS OF THE RESPONDENTS/RESPONDENTS:

    1     STATE OF KERALA
          REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
          REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    2     COMMISSIONER LAND REVENUE,
          PUBLIC OFFICE BUILDING, MUSEUM ROAD, VIKHAS BHAVAN P.O,
          THIRUVANANTHAPURAM, KERALA, PIN - 695033
 WA NO. 1734 OF 2023


                                   -2-

    3       DISTRICT COLLECTOR,
            COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030
    4       REVENUE DIVISIONAL OFFICER,
            KACHERITHAZHAM, MOOVATTUPUZHA P O, PIN - 686661
    5       TAHSILDAR,
            MINI CIVIL STATION, KOTHAMANGALAM, PIN - 686661



            SR.GP.T.K.VIPINDAS


     THIS    WRIT    APPEAL   HAVING      COME   UP    FOR    ADMISSION   ON
16.10.2023,    THE    COURT   ON    THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 WA NO. 1734 OF 2023


                                   -3-

                             JUDGMENT

A.J.DESAI, C.J.

By way of the present appeal filed under Section 5 of the Kerala

High Court Act, the original petitioner has challenged the judgment

dated 13.07.2023, passed by the learned Single Judge, in the

captioned W.P.(C)No.2953/2023. After having heard the learned

Counsel appearing for the respective parties, the learned Single

Judge allowed the writ petition in part. The observations made by

the learned Single Judge in paragraph No.14 of the judgment reads

as under:

14. I am, therefore, of the firm view that further action pursuant to Ext.P12 must be considered and completed by the Government at the appropriate level, after hearing the petitioners 2 to 4, being the legal heirs of the original 1st petitioner.

In the afore circumstances, I allow this writ petition to the limited extent of directing the competent Authority of the Government to take up Ext.P12 report and complete necessary action pursuant thereto, after affording the petitioners 2 to 4, or their authorised WA NO. 1734 OF 2023

representative, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible but not later than six months from the date of receipt of a copy of this judgment.

I, however, clarify that since the claim of the original 1st petitioner against cancellation of Ext.P2 "Patta" remains concluded through Ext.P11 and which has not been challenged until this writ petition was filed, the Government will be at liberty to consider her claim solely based on Ext.P12, subject to all other statutory and other legal requirements being satisfied.

I further clarify that this does not mean that this Court has concluded that the original 1st petitioner is entitled to assignment as stated in Ext.P12, but only that this should be considered in its right perspective by the Government; and that if any such is found eligible to her, it can be offered to petitioners 2 to 4 as a fresh one.

Until such time as the afore exercise is completed and the resultant order communicated to the petitioners, the interim order of this Court dated 28.01.2022 will continue to be in force.

WA NO. 1734 OF 2023

2. Having heard the learned Advocates appearing for

respective parties, we dispose of this appeal. However, it is made

clear that the authority shall pass orders afresh as per the directions

issued by the learned Single Judge, without being influenced by the

earlier orders.

The writ appeal is disposed of accordingly.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE

uu 16.10.2023