Vinod Karuvath vs State Of Kerala
2023 Latest Caselaw 9536 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                         WP(C) NO. 28532 OF 2023
PETITIONER:

              VINOD KARUVATH
              AGED 73 YEARS
              S/O. SANKARAN KARUVATH, KARUVATH HOUSE,
              OZHUR P.O, TIRUR VIA, MALAPPURAM DISTRICT,
              PIN - 676 307.

              BY ADVS.
              P.T.SHEEJISH
              P.SREERAM
              P.P.RAVOOF
              P.K.PURUSH
              HARIKIRAN
              IRSHAD K.K.
              STEPHY GRACE RAJ
              A.ABDUL RAHMAN
              PRAVEENKUMAR
              HEMANTH H.
              APARNA V. DEVASSIA


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,
           PUBLIC WORKS DEPARTMENT,
           SECRETARIAT,
           THIRUVANANTHAPURAM DISTRICT,
           PIN - 695 001.
    2      THE SECRETARY
           TIRUR MUNICIPALITY, MUNICIPAL OFFICE,
           TIRUR, TRIKANDIYUR P. O,
           MALAPPURAM DISTRICT,
           PIN - 676 104.
    3      THE DISTRICT COLLECTOR
           MALAPPURAM, COLLECTORATE,
           UP HILL,
           MALAPPURAM DISTRICT,
           PIN - 676 505.
 WP(C) NO.28532 OF 2023

                                 2

    4       THE TAHASILDAR
            TIRUR TALUK, TALUK OFFICE,
            TIRUR, MALAPPURAM DISTRICT,
            PIN - 676 101.
    5       TIRUR MUNICIPALITY
            REPRESENTED BY IT'S SECRETARY,
            MUNICIPAL OFFICE, TIRUR,
            TRIKANDIYUR P.O, MALAPPURAM DISTRICT,
            PIN - 676 104.

            SRI. SAYED MANSOOR BAFAKHU THANGAL - SC
            SRI. BIMAL K. NATH - GP




     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   05.09.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.28532 OF 2023

                                3




                          JUDGMENT

The petitioner has approached this Court

apprehending that his property comprised in Re-Survey

No.185/3-4 of Trikkandiyur Village in Malappuram

District would be taken possession of by the

Municipality without following the procedure for

acquisition.

2. Heard the learned counsel for the petitioner,

the learned Government Pleader and the learned

Standing Counsel for the 5th respondent Municipality.

3. It is submitted by Sri.Sayed Mansoor Bafakhy

Thangal, the learned Standing Counsel for the Tirur

Municipality, that, at present, there is no proposal for

acquisition of the petitioner's property and that if at all WP(C) NO.28532 OF 2023

the petitioner's property is required for any public

purpose, the same will be acquired only in accordance

with law.

This is recorded and the writ petition is disposed

of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C) NO.28532 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 07.12.2020 ISSUED TO THE PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20.12.2016 ISSUED TO THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 02.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION DATED 02.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED 02.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENTS EXHIBITS: NIL.