Kerala High Court
Fousiya Sidheek vs Musthafa on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 12907 OF 2024
PETITIONER:
MUSTHAFA,AGED 53 YEARS
S/O ABDULLA, MOOSA MEKANAKATH HOUSE,
PONNANI POST PONNANI TALUK,
MALAPPURAM DISTRICT,, PIN - 679577
BY ADVS.
M.DEVESH
M.ANUROOP
MURSHID ALI M.
ABRAHAM RAJU CYRIAC
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS
SECRETARY TO GOVERNMENT,
REGISTRATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 TAHSILDAR, TALUK OFFICE PONNANI,
PONNANI, 679577, PIN - 679577
3 VILLAGE OFFICER, PONNANI NAGARAM,
NEAR TO PONNANI CIVIL STATION,
PONNANI,, PIN - 679573
OTHER PRESENT:
SR.GP - DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, ALONG WITH WP(C).14630/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) Nos.12907 &14630 of 2024 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 14630 OF 2024
PETITIONERS:
1 FOUSIYA SIDHEEK, AGED 49 YEARS
W/O LATE MOHAMMED SIDHEEK, PAZHAYAPURAKKAL,
THERUVATH HOUSE, ESWARAMANGALAM (PO),PONANI,
MALAPPURAM DISTRICT,, PIN - 679575
2 MISNA, AGED 23 YEARS
PAZHAYAPURAKKAL, THERUVATH HOUSE,
ESWARAMANGALAM (PO),PONANI,
MALAPPURAM DISTRICT,, PIN - 679575
3 DUNA FATHIMA, AGED 19 YEARS
D/O FOUSIYA SIDHEEK, PAZHAYAPURAKKAL,
THERUVATH HOUSE, ESWARAMANGALAM (PO),PONANI,
MALAPPURAM DISTRICT,, PIN - 679575
4 ABDULLA,(MINOR), AGED 15 YEARS
S/O FOUSIYA SIDHEEK, PAZHAYAPURAKKAL,
THERUVATH HOUSE, ESWARAMANGALAM (PO),
ONANI, MALAPPURAM DISTRICT, REPRSENTED BY HIS
MOTHER FOUSIYA SIDHEEK, PIN - 679575
BY ADV M.I.JOHNSON
RESPONDENTS:
1 MUSTHAFA, AGED 53 YEARS
S/O ABDULLA, MOSSA MEKANATH, PONANI (PO),
MALAPPURAM DISTRICT,, PIN - 679577
2 THE INSPECTOR GENERAL OF REGISTRATION,
DEPARTMENT OF REGISTRATION,
THIRUVANNATHAPURAM, PIN - 695001
W.P (C) Nos.12907 &14630 of 2024 3
3 THE TAHSILDAR,
PONANI TALUK,MALAPPURAM DISTRICT,,
PIN - 679586
4 THE VILLAGE OFFICER,
PONANI NAGARAM VILLAGE,
MALAPPURAM DISTRICT,, PIN - 679586
5 THE SUB REGSITRAR
SUB REGISTRAR'S OFFICE,
PONANI, MALAPPURAM DISTRICT,, PIN - 679586
6 STATE OF KERALA,
REPRESENTED BY THE SECRETARY
(REGISTRATION DEPARTMENT),
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
7 THE PRINCIPAL SECRETARY( TAXES-E),
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM,, PIN - 695001
BY SR. GP. DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C).12907/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P (C) Nos.12907 &14630 of 2024 4
VIJU ABRAHAM, J.
.................................................................
W.P (C) Nos.12907 &14630 of 2024
.................................................................
Dated this the 12th day of April, 2024
JUDGMENT
The learned counsel for the petitioners in W.P.(C) No.14630 of 2024
would submit that as per Ext.P1 judgment in R.P.No.258 of 2019 in W.P.(C)
No.3102 of 2019 a direction was issued to the 7 th respondent to dispose of
the statutory appeal preferred by the petitioners. The grievance raised now
by the petitioners is that the appeal has not been disposed of till date. The
learned counsel for the petitioner in W.P.(C) No.12907 of 2024 also submits
that a direction may be issued to consider the appeal which is directed to
be disposed of as per Ext.P1 judgment in R.P.No.258 of 2019 in W.P.(C)
No.3102 of 2019, produced in W.P.(C) No.14630 of 2024.
2. Heard the learned Government Pleader also.
Therefore the writ petitions are disposed of with a direction to the 7 th
respondent in W.P.(C) No.14630 of 2024 to take up the appeal as directed
in Ext.P1 judgment and after affording an opportunity of hearing to the
petitioners in both the writ petitions dispose of the same within an outer
limit of two months from the date of receipt of a copy of the judgment. Till a
decision is taken as directed above, no further proceedings shall be
initiated pursuant to Ext.P9.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 12907/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED DATED
10.12.2018
Exhibit P2 TRUE COPY OF THE ORDER DATED 10.10.2018
BY THE INSPECTOR GENERAL OF REGISTRATION
Exhibit P3 THE TRUE COPY OF JUDGMENT DATED
01.02.2019 IN W.P(C) 3102/2019
Exhibit P4 THE TRUE COPY OF THE APPEAL MEMORANDUM
DATED 06.11.2018 FILED BEFORE THE
SECRETARY, TAX DEPARTMENT, GOVERNMENT
SECRETARIAT
Exhibit P5 THE TRUE COPY OF THE ORDER IN
R.P.258/2019 IN WP(C)3102/2019 DATED
29.06.2021
Exhibit P6 THE TRUE COPY OF THE COMMUNICATION
ISSUED BY THE 1ST RESPONDENT DATED
09.11.2022
Exhibit P7 THE TRUE COPY OF THE FIR NO.236/2019
DATED 02.05.2019
Exhibit P8 THE TRUE COPY OF THE BASIC LAND TAX
RECEIPT ISSUED IN FAVOUR OF THE
PETITIONER DATED 20.11.2023
Exhibit P9 THE TRUE COPY OF THE COMMUNICATION BY
THE 2ND RESPONDENT DATED 12.02.2024
APPENDIX OF WP(C) 14630/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT, DATED 29-06-2021 IN RP
258/2019 IN W.P (C) 3102 OF 2019
Exhibit P2 A TRUE COPY OF THE ARGUMENT NOTES, DATED
20-05-2022
