Citation : 2024 Latest Caselaw 9157 Ker
Judgement Date : 3 April, 2024
W.P(C) No.4566/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 4566 OF 2024
PETITIONER/S:
AMEER ABDULAZEEZ,
AGED 48 YEARS
S/O. ABDUL AZEEZ, VELIAYYATHU HOUSE, KANNAMPALLIL
BHAGOM MURI, KEERIKKAD VILLAGE, KARTHIKAPPALLY TALUK,
ALAPPUZHA, REP. BY HIS POWER OF ATTORNEY HOLDER
AJEESHA AMEER, AGED 37 YEARS, W/O. AMEER ABDUL AZEEZ,
VELIYAYYATHU, KANNAMPALLI BHAGOM, KAYAMKULAM,
ALAPPUZHA DISTRICT, PIN - 690502
BY ADVS.
B.RENJITHKUMAR
CLARA SHERIN FRANCIS
SANGEERTHANA M.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRETARY,
DEPARTMENT OF AGRICULTURE, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DISTRICT COLLECTOR,
ALAPPUZHA, PIN - 688001
4 REVENUE DIVISIONAL OFFICER
CHENGANNUR ( SOUGHT TO BE IMPLEADED )
OTHER PRESENT:
W.P(C) No.4566/24 2
SMT.DEVI SHRI R, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.4566/24 3
MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.4566 of 2024
.............................................................
Dated this the 3rd day of April, 2024
JUDGMENT
This writ petition is filed with the following reliefs:-
i. Issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext.P6 order.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and pass orders in Ext.P7 within a time bound after hearing the petitioner also ans to issue the copy of the order passed thereunder to the petitioner. iii.Dispense with the translation of vernacular document. iv. Grant such other reliefs as this Hon'ble Court would deem fit and proper. v. Allow the costs of the petitioner.
2. By orders dated 29.2.2024, the petitioner was directed to file an
appropriate revision against Ext.P6 order before the 2nd respondent and to
produce the same before this Court as an additional document. The learned
counsel for the petitioner submits that Ext P11 revision has been filed on
6.3.2024 challenging Ext.P6 order.
Accordingly, there will be a direction to the 2nd respondent to consider
the revision, with notice to the petitioner and also to other affected parties if
any, and pass orders on the same, in accordance with law, within three months
from the date of receipt of a copy of the judgment. It will be open to the
petitioner to seek interlocutory orders in the revision filed against Ext.P6
order. In the event the petitioner files an application for interim reliefs, the
same will be considered and orders passed without delay.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE
okb/
APPENDIX OF WP(C) 4566/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE SALE DEED DATED 10.12.2014
Exhibit-P2 TRUE COPY OF THE SALE DEED DATED 9.9.2016
Exhibit-P3 TRUE COPY OF THE KERALA GEZETTE NOTIFICATION DATED 6.3.2010
Exhibit-P4 TRUE COPY OF THE ORDER DATED 30.11.2017 ISSUED BY THE 3RD RESPONDENT
Exhibit -P5 TRUE COPY OF THE JUDGMENT DATED 2.2.2018 IN W.P.(C) 3608/2018 OF THIS HON'BLE COURT
Exhibit-P6 TRUE COPY OF THE ORDER DATED 11.12.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit-P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 22.12.2023
Exhibit-P10 TRUE COPY OF THE APPLICATION DATED 28.2.2024 SUBMITTED BY THE PETITIONER BEFORE THE RDO, CHENGANNUR
Exhibit-P11 TRUE COPY OF THE PETITION DATED 6.3.2024 SUBMITTED BEFORE THE 2ND RESPONDENT
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