Kerala High Court
A.Muhammed Ismail vs State Of Kerala on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 31365 OF 2017
PETITIONERS:
1 A.MUHAMMED ISMAIL
S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU, PERUMALA,
THEKKUMKARA MURI, NEDUMANGAD VILLAGE,
THIRUVANANTHAPURAM-695541.
2 ABDUL HAMEED
S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU,PERUMALA,
THEKUMKARA MURI, NEDUMANGAD
VILLAGE,THIRUVANANTHAPURAM-695541.
3 A.KASIM PILLAI
S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU,PERUMALA,
THEKKUMKARA MURI, NEDUMANGAD
VILLAGE,THIRUVANANTHAPURAM-695541.
4 ARIFA BEEVI
D/O.FATHIMA, PUTHUVAL PUTHEN VEEDU,PERUMALA,
THEKKUMKARA MURI, NEDUMANGAD
VILLAGE,THIRUVANANTHAPURAM-695541.
5 R.FATHIMA BEEVI
S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU,PERUMALA,
THEKKUMKARA MURI, NEDUMANGAD
VILLAGE,THIRUVANANTHAPURAM-695541.
6 A.YOOSUFF KUNJU
S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU,PERUMALA,
THEKKUMKARA MURI, NEDUMANGAD
VILLAGE,THIRUVANANTHAPURAM-695541.
7 A.ABDUL KARIM
S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU,PERUMALA,
THEKKUMKARA MURI, NEDUMANGAD
VILLAGE,THIRUVANANTHAPURAM-695541.
8 SHABANATH BEEVI
W/O.MUHAMMED IBRAHIM, PUTHUVAL PUTHEN
VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD
VILLAGE,THIRUVANANTHAPURAM-695541.
9 ARIFA BEEVI
W/O.LATE ABDUL RAZAK, PUTHUVAL PUTHEN
VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD
VILLAGE,THIRUVANANTHAPURAM-695541.
W.P.(C) No.31365 of 2017
2
10 SUMAYYA
D/O.ABDUL RAZAK, PUTHUVAL PUTHEN
VEEDU,PERUMALA, THEKKUMKARA MURI,
NEDUMANGAD VILLAGE,
THIRUVANANTHAPURAM-695541.
11 SUMEER
S/O.ABDUL RAZAK, PUTHUVAL PUTHEN
VEEDU,PERUMALA, THEKKUMKARA MURI,
NEDUMANGAD VILLAGE,
THIRUVANANTHAPURAM-695541.
BY ADVS.
SRI.R.S.KALKURA
SMT.P.ANJANA
SMT.R.BINDU
SRI.HARISH GOPINATH
SRI.M.S.KALESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF
REVENUE, SECRETARIAT, TRIVANDRUM-695001.
2 THE DISTRICT COLLECTOR
KUDAPPANAKUNNU, TRIVANDRUM, PIN-695043.
3 THE TAHSILDAR, NEDUMANGAD TALUK,
NEDUMANGAD, TRIVANDRUM-695541.
4 NEDUMANGAD MUNICIPALITY
REPRESENTED BY THE SECRETARY, NEDUMANGAD,
TRIVANDRUM-695541.
BY ADVS.
SRI.RIYAL DEVASSY, GOVERNMENT PLEADER
SRI.P.RAMAKRISHNAN - R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.31365 of 2017
3
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 31365 of 2017
------------------------------------------------------
Dated this the 11th day of April, 2024.
JUDGMENT
This writ petition is filed seeking the
following reliefs:
"i. Issue a writ of certiorari or any other
appropriate writs, directions or orders of the
nature of certiorari quashing Exhibit P15 as
grossly illegal and wrong.
ii. Issue a writ of mandamus or any other
appropriate writs, directions or orders of the
nature of mandamus directing the fourth
respondent not to evict the petitioners from the
properties in their possession.
iv. Grant such other reliefs which are
appropriate and incidental to this proceedings and
which this Hon'ble Court deems fit and
proper."[SIC]
2. The impugned order in this Writ petition is
Ext.P15. Admittedly, Ext.P15 is an appealable order.
In such circumstances, this Writ petition need not be
entertained. When this Writ petition came up for
consideration on 03.10.2017, this Court passed a
status quo order. If an appeal is filed within a time
frame, the interim order can continue till final orders
are passed in the appeal.
Therefore, this Writ Petition is disposed of in
the following manner:
1. The petitioners are free to challenge
Ext.P15 by filing an appeal before the
appropriate authority within a period of
six weeks from the date of receipt of a
copy of this judgment.
2. Once such an appeal is received, the
statutory appellate authority will consider
the same and pass appropriate orders in
it, after giving an opportunity of hearing
to the petitioners and the 4th respondent,
as expeditiously as possible, at any rate,
within a period of four months from the
date of receipt of the appeal.
3. If the appeal is filed as directed
above, the status quo order passed by
this Court will continue till final orders are
passed in the appeal.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 31365/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE FIRST PETITIONER
BEFORE THE SECOND RESPONDENT DATED
20-8-2011.
EXHIBIT P2 TRUE COPY OF THE REPORT OF THE
VILLAGE OFFICER DATED 14-11-2011
ALONG WITH ATTENDANT PAPERS
PERTAINING TO THE FIRST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REPORT OF THE
VILLAGE OFFICER DATED 14-11-2011
ALONG WITH ATTENDANT PAPERS
PERTAINING TO THE SECOND
PETITIONER.
EXHIBIT P4 TRUE COPY OF THE REPORT OF THE
VILLAGE OFFICER DATED 14-11-2011
ALONG WITH ATTENDANT PAPERS
PERTAINING TO THE THIRD PETITIONER.
EXHIBIT P5 TRUE COPY OF THE REPORT OF THE
VILLAGE OFFICER DATED 14-11-2011
ALONG WITH ATTENDANT PAPERS
PERTAINING TO THE FOURTH
PETITIONER.
EXHIBIT P6 TRUE COPY OF THE REPORT OF THE
VILLAGE OFFICER DATED 14-11-2011
ALONG WITH THE ATTENDANT PAPERS
PERTAINING TO ABDUL RAZAK HUSBAND
OF THE 4TH PETITIONER AND FATHER OF
PETITIONER 8 AND 9.
EXHIBIT P7 TRUE COPY OF THE REPORT OF THE
VILLAGE OFFICER DATED 14-11-2011
ALONG WITH ATTENDANT PAPERS
PERTAINING TO THE FIFTH PETITIONER.
EXHIBIT P8 TRUE COPY OF THE REPORT OF THE
VILLAGE OFFICER DATED 14-11-2011
ALONG WITH ATTENDANT PAPERS
PERTAINING TO THE SIXTH PETITIONER.
EXHIBIT P9 TRUE COPY OF THE REPORT OF THE
VILLAGE OFFICER DATED 14-11-2011
ALONG WITH ATTENDANT PAPERS
PERTAINING TO THE SEVENTH
PETITIONER.
EXHIBIT P10 TRUE COPY OF THE REPORT OF THE
VILLAGE OFFICER DATED 14-11-2011
ALONG WITH ATTENDANT PAPERS
PERTAINING TO THE EIGHTH
PETITIONER.
EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 26-9-
2012 ISSUED BY THE THIRD RESPONDENT
TO THE PETITIONERS.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 14-
12-1994 IN O.S.81 OF 1993 ON THE
FILE OF THE PRINCIPAL MUNSIFF'S
COURT NEDUMANGAD.
EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 27-
7-2011 IN S.A.348 OF 1999.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 23-
3-2017 IN W.P.C.NO.24688 OF 2012 ON
THE FILE OF THIS HON'BLE COURT.
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 11-8-
2017 ISSUED BY THE THIRD RESPONDENT
IN PROCEEDINGS NO.19635 OF 2011.
EXHIBIT P16 TRUE COPY OF THE SETTLEMENT
REGISTER ISSUED BY THE CENTRAL
SURVEY OFFICE, THIRUVANANTHAPURAM.
EXHIBIT P17 THE TRUE COPY OF THE RESURVEY PLAN
PERTAINING TO THE PROPERTY IN
R.S.NO.423.
EXHIBIT P18 THE TRUE COPY OF THE BUILDING TAX
RECEIPT IN RESPECT OF THE BUILDING
IN THE POSSESSION OF THE
PETITIONERS DATED 1-9-2016 ISSUED
BY THE NEDUMANGAD MUNICIPALITY
BEARING NO.20357.
EXHIBIT P19 THE TRUE COPY OF THE BUILDING TAX
RECEIPT IN RESPECT OF THE BUILDING
IN THE POSSESSION OF THE
PETITIONERS ISSUED BY THE
NEDUMANGAD MUNICIPALITY BEARING
NO.24520 DATED 3-6-2015.
EXHIBIT P 28 TRUE COPY OF THE PHOTOGRAPHS OF THE
TREES STANDING IN A DANGEROUS
POSTION
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
