Habeeb Rahman T M vs State Of Kerala
2024 Latest Caselaw 9432 Ker

Kerala High Court

Habeeb Rahman T M vs State Of Kerala on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                   WP(C) NO. 40487 OF 2017
PETITIONERS:

    1     BASHEER AHEMED M
          AGED 56 YEARS, S/O. MUSTHAFA HAJI,
          NILAKKEL PUTHEN VEEDU, VARAVILA P.O.,
          ELAPPANNI, KARUNAGAPALLY, KOLLAM - 690 528.
    2     FATHIMA THULDUHARA T.M
          AGED 44 YEARS, THOTTUKADAVIL HOUSE,
          CHERIYAMOOCHIKKAL, KARUVAMBRAM WEST, MANJERI,
          MALAPPURAM - 671 123.
    3     SIDDIQUI AKBAR
          AGED 46 YEARS, THOTTUKADAVIL HOUSE,
          S/O. MUSTHAFA HAJI, MANJERI P.O., MULLAMPARA,
          MALAPPUZRAM DISTRICT - 676 121.
          BY ADVS.
          K.R.RAJKUMAR
          JAGADEESH LAKSHMAN

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF REVENUE, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     SECRETARY
          HOME DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    3     SECRETARY
          PUBLIC WORKS DEPARTMENT,
          THIRUVANANTHAPURAM - 695 001.
    4     STATE PUBLIC CHIEF
          POLICE HEAD QUARTERS,
          THIRUVANANTHAPURAM - 695 010.
    5     LAND REVENUE COMMISSIONER
          LAND REVENUE COMMISSIONERATE, VIKAS BHAVAN,
          THIRUVANANTHAPURAM - 695 033.
    6     DISTRICT COLLECTOR
          COLLECTORATE, MALAPPURAM - 676 505.
    7     REVENUE DIVISIONAL OFFICER
          MALAPPURAM - 676 505.
 W.P.(C).Nos.40487 of 2017, 26104 of 2019
&2404 of 2021

                                      2


     8   DISTRICT POLICE CHIEF
         DISTRICT POLICE OFFICE, MALAPPURAM - 676 505.
    9    DEPUTY SUPERINTENDENT OF POLICE
         O/O. SUPERINTENDENT OF POLICE,
         MALAPPURAM - 676 505.
   10    THAHASILDAR
         THALUK OFFICE, THIRUR - 676 101.
   11    SUB REGISTRAR
         SUB REGISTRAR OFFICE, THIRUR - 676 101.
   12    VILLAGE OFFICER
         THRIKKANDIYUR VILLAGE OFFICE, THRIKKANDIYOOR,
         MALAPPURAM - 676 101.
   13    THE SECRETARY
         TIRUR MUNICIPALITY, TIRUR - 676 101.
ADDL.R14 T.M MANSOOR AHMED
         AGED 62 YEARS
         S/O LATE MUSTHAFA HAJI, THOTTUKADAVIL HOUSE,
         MANJERI PO, MALAPPURAM DISTRICT.
ADDL.R15 KHALEELU RAHMAN T.M
         AGED 59 YEARS
         S/O MUSTHAFA HAJI, THOTTUKADAVIL HOUSE,
         ALINCHUVADU, MOONNNIYOOR PO, MALAPPURAM
         DISTRICT.
ADDL.R16 T.M. HABEEB RAHMAN
         AGED 57 YEARS
         S/O MUSTHAFA HAJI, THOTTUKADAVIL HOUSE,
         BEENBUNGHAL, MAMPAD P.O.

            ARE IMPLEADED AS ADDITIONAL 14TH TO 16TH
            RESPONDENTS AS PER ORDER DATED 10.4.18 IN IA
            6458/18
            BY ADVS.
            SHRI.P.VENUGOPAL, SC, TIRUR MUNICIPALITY
            SPL. GOVERNMENT PLEADER (LA) SMT.N.SUDHADEVI
            SHRI.SAYED MANSOOR BAFAKHY THANGAL, SC, TIRUR
            MUNICIPALITY


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, ALONG WITH WP© 26104/2019 AND CONNECTED
CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos.40487 of 2017, 26104 of 2019
&2404 of 2021

                                      3



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                        WP(C) NO. 2404 OF 2021
PETITIONER:

            T.M.MUJEEB RAHMAN
            AGED 57 YEARS
            S/O LATE MUSTHAFA HAJI, NALUCENT COLONY,
            VALIYA KAVU, PULPETTA P O, MALAPPURAM.
            BY ADV S.MUMTAZ

RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY THE SECRETARY,
            DEPARTMENT OF LAND REVENUE SECRETARIAT,
            THIRUVANANTHAOURAM-695001.
     2      DISTRICT COLLECTOR
            COLLECTORATE, MALAPPURAM-676505.
     3      REVENUE DIVISIONAL OFFICER
            THIRUR-676101.
     4      SUPERINTENDENT OF POLICE.
            DISTRICT POLICE OFFICE, MALAPPURAM-676505.
     5      POLICE INFORMATION OFFICER
            COLLECTORATE, MALAPPURAM-676505.
     6      TAHASILDAR
            TALUK OFFICE, THIRUR-676101.
            BY ADVS.SMT.N.SUDHAMANI, SPL GP (LA)
            ADVOCATE GENERAL OFFICE KERALA
            SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
            C.P.PRADEEP, SENIOR G.P.()
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, ALONG WITH WP(C).40487/2017 AND CONNECTED
CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos.40487 of 2017, 26104 of 2019
&2404 of 2021

                                      4



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                       WP(C) NO. 26104 OF 2019
PETITIONERS:

     1      HABEEB RAHMAN T M,
            AGED 58 YEARS
            S/O MUSTHAFA HAJI, THOTTUKADAVIL HOUSE,
            NILAMBUR R S P.O.RAMANKUTHU VIA,
            MALAPPURAM DISTRICT
     2      T.M. MUKTHAR AHMED,
            S/O MUSTHAFA HAJI, THOTTUKADAVIL HOUSE,
            NILAMBUR R S P.O.RAMANKUTHU VIA,
            MALAPPURAM DISTRICT
            BY ADV S.MUMTAZ

RESPONDENTS:

     1      STATE OF KERALA,
            REP BY THE SECRETARY, DEPARTMENT OF REVENUE,
            SECRETARIAT, THIRUVANANTHAPURAM
     2      SECRETARY,
            HOME DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM
     3      SECRETARY,
            PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM.
     4      STATE POLICE CHIEF,
            POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.
     5      LAND REVENUE COMMISSIONER,
            LAND REVENUE COMMISSIONERATE,
            VIKAS BHAVAN, THIRUVANANTHAPURAM.
     6      DISTRICT COLLECTOR,
            COLLECTORATE, MALAPPURAM
     7      STATE PUBLIC INFORMATION OFFICER AND SENIOR
            SUPERINTENDENT SUIT CELL,
            COLLECTORATE, MALAPPURAM
 W.P.(C).Nos.40487 of 2017, 26104 of 2019
&2404 of 2021

                                      5


     8          REVENUE DIVISIONAL OFFICER,
                MALAPPURAM.
     9          DISTRICT POLICE CHIEF,
                DISTRICT POLICE OFFICE, MALAPPURAM
    10          DEPUTY SUPERINTENDENT OF POLICE,
                OFFICE OF THE SUPERINTENDENT OF POLICE,
                MALAPPURAM
    11          TAHASILDAR,
                TALUK OFFICE, THIRUR.
    12          SUB REGISTRAR,
                SUB REGISTRAR OFFICE, THIRUR.
    13          VILLAGE OFFICER,
                THRIKKANDIYOOR VILLAGE, MALAPPURAM
    14          THE SECRETARY,
                THIRUR MUNICIPALITY, THIRUR.
                BY ADVS.SRI.N.SUDHADEVI
                ADVOCATE GENERAL OFFICE KERALA
                SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
                C.P.PRADEEP, SENIOR G.P.()


         THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(C).40487/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).Nos.40487 of 2017, 26104 of 2019
&2404 of 2021

                                      6




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
           W.P.(C).Nos.40487 of 2017, 26104 of 2019
                                     &
                             2404 of 2021
               ----------------------------------------------
             Dated this the 04th day of April, 2024


                              JUDGMENT

These three writ petitions are connected and therefore, I

am disposing these writ petitions by a common judgment.

2. The grievance of the petitioners in these cases is

that the entire property of the petitioners are not acquired and

the remaining property is now without any use. The Special

Government Pleader (LA) submitted that the acquisition

proceedings is already over way back in 1961. According to

the acquisition authority, there is no property remaining. If

there is any property remaining unacquired, a survey can be

conducted and the issue can be resolved. The counsel for the

petitioners submitted that the Police Department issued a

letter to the Executive Engineer, PWD, (B & R) in the year

1962 stating that the building was not taken possession. I do W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

not want to make any observation about the same. The

petitioners can file a fresh representation narrating their

grievance to the District Collector, Malappuram, based on the

letter of the Superintendent of Police, Kozhikode, to the

Executive Engineer, PWD, (B & R). If such a representation is

received, the District Collector will do the needful in

accordance with law.

Therefore, this writ petition is disposed of with following

directions:

1. The petitioners in these writ petitions

are free to file a representation

narrating their surviving grievance to

the District Collector, Malappuram,

within 30 days from the date of receipt

of a copy of this judgment.

2. Once such a representation is received,

the District Collector, Malappuram will

pass appropriate orders in it, after

giving an opportunity of hearing to the

petitioners, as expeditiously as possible,

at any rate, within four months from the W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

date of receipt of the representation.

3. The petitioners shall produce a certified

copy of this judgment along with a copy

of these writ petitions before the

District Collector for compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

APPENDIX OF WP(C) 2404/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF SALE DEED NO. 431/1957 OF THIRUR SRO.

EXHIBIT P2 TRUE COPY OF SALE DEED NO. 470/1956 OF THIRUR SRO.

EXHIBIT P3 TRUE COPY OF THE REQUEST LETTER DATED 20.12.2013 SUBMITTED HABEEB RAHMAN ON BEHALF OF ALL THE LEGAL HEIRS OF LATE MUSATAFA HAJI AND RUKIYA UMMA TO THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF SAID JUDGMENT IN WPC NO.

2380/2014 DATED 23.01.2014. EXHIBIT P5 TRUE COPY OF ORDER PASSED BY THE 2ND RESPONDENT VIDE PROCEEDINGS IN BI/37603/2013 DATED 23/06/2014. EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO. 15869/2015 DATED 11/12/2015 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 29/07/2016 PASSED BY THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REQUEST LETTER DATED 07/12/2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

APPENDIX OF WP(C) 26104/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 431/1957.

EXHIBIT P2 TRUE COPY OF SALE DEED NO 470/1956 EXHIBIT P3 TRUE COPY OF THE ELECTRICITY BILL DATED 13.12.2011 EXHIBIT P3 TRUE COPY OF THE ELECTRICITY BILL DATE4D 24.3.2014 EXHIBIT P4 TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE 1ST PETITIONER TO THE 6TH RESPONDENT (DISTRICT COLLECTOR, MALAPPURAM) DATED 20.12.2013 EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO 2380/2014 DATED 23.1.2014 EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE 6TH RESPONDENT DATED 23.6.2014 EXHIBIT P7 TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC INFORMATION OFFICER DATED 28.4.2015 EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO 15868/2015 EXHIBIT P9 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR DATED 29.7.2016 EXHIBIT P10 TRUE COPY OF THE LETTER DATED 5.8.2016 SUBMITTED BY THE 1ST PETITIONER TO THE 11TH RESPONDENT UNDER RTI ACT EXHIBIT P11 TRUE COPY OF THE LETTER SUBMITTED BY 2ND RESPONDENT DATED 29.6.2018 BEFORE THE 6TH RESPONDENT UNDER THE RTI ACT EXHIBIT P12 TRUE COPY OF THE REPLY ISSUED BY THE 7TH RESPONDENT DATED 25.10.2018 ON BEHALF OF TE 6TH RESPONDENT EXHIBIT P13 TRUE COPY OF THE LETTER DATED 20.8.2013 ISSUED BY THE VILLAGE OFFICER TO THE 1ST PETITIONER EXHIBIT P14 TRUE COPY OF THE LETTER ISSUED BY THE 12TH RESPONDENT DATED 26.3.2014 TO THE TAHSILDAR 11TH RESPONDENT EXHIBIT P15 LETTER ISSUED BY THE 12TH RESPONDENT W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

DATED 21.7.2016 ADDRESSED TO THE 6TH RESPONDENT EXHIBIT P16 TRUE COPY OF THE LIST OF PURAMBOKE LAND OF THRIKKANDIYOOR VILLAGE MAINTAINED AS PER THE LAND CONSERVANCY ACT.

W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

APPENDIX OF WP(C) 40487/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED NO.

431/1957 DATED 23.02.1957.

EXHIBIT P2 TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO. 470/1956 DATED 07.04.1956. EXHIBIT P3 TRUE COPY OF THE BILL SHOWING RUKHIYA UMMA'S NAME OF THE RECEIPTS ISSUED BY KSEB DATED 13.12.2011.

EXHIBIT P4 TRUE COPY OF THE RECEIPTS SHOWING PAYMENTS MADE IN THE NAME OF RUKHIYA UMMA'S NAME ISSUED BY KSEB DATED 24.03.2014.

EXHIBIT P5 TRUE COPY OF THE PROFILE OF THE CONSUMER NUMBER IN THE NAME OF RUKHIY UMMA ISSUED BY KSEB.

EXHIBIT P6 TRUE COPY OF THE LETTER NO. B2- 10081/13 DATED 23.08.2013 ISSUED BY THE TAHASILDAR.

EXHIBIT P7 TRUE COPY OF THE COPY OF THE ADANGAL REGISTER SHOWING THE RECORD THAT THE SY.NO. 111/8.

EXHIBIT P8 TRUE COPY OF THE LETTER NO. 07/13/RTI DATED 20.08.2013.

EXHIBIT P9 TRUE COPY OF THE LETTER NO.

315/TDR/ECO./14 DATED 21.03.2014. EXHIBIT P10 TRUE COPY OF THE LETTER NO. 71/2014 DATED 26.03.2014 ISSUED BY THE SUB REGISTRAR TO TAHASILDAR TIRUR. EXHIBIT P11 TRUE COPY OF THE NO. B2-3519/14 DATED 05.04.2014.

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION NO. B2- 3519/14 DATED 19.05.2014.

EXHIBIT P13 TRUE COPY OF THE LETTER NO.

1490/TDR/13 DATED 28.04.2014. EXHIBIT P14 TRUE COPY OF THE REPORT NO. H3059/14 DATED 24.05.2014.

EXHIBIT P15 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR NO. B1/37603/2013 DATED 23.06.2014.

W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

EXHIBIT P16 TRUE COPY OF THE LETTER NO. B1- 37603/2013 DATED 16.06.2014. EXHIBIT P17 TRUE COPY OF THE LETTER NO.

14/RTI/2014 DATED 16.09.2014. EXHIBIT P18 TRUE COPY OF THE LETTER NO. D-3504/15 DATED 28.04.2015.

EXHIBIT P19 TRUE COPY OF THE LETTER NO.

13/RTI/2014 DATED 05.08.2014. EXHIBIT P20 TRUE COPY OF THE LETTER NO. H-8233 DATED 26.02.2016.

EXHIBIT P21 TRUE COPY OF THE LETTER NO. D3- 392/2016 DATED 03.05.2016.

EXHIBIT P22 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO. 15869 OF 2015 DATED 11.12.2015. EXHIBIT P23 TRUE COPY OF THE LETTER NO.CR NO.

98/16 DATED 07.06.2016.

EXHIBIT P24 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE PERTAINING TO THE SY.NO.111/3, 111/4, AND 111/8 OF THRIKKANDIYOOR VILLAGE.

EXHIBIT P25 TRUE COPY OF THE LETTER NO.C.NO.55/2014 DATED 21.07.2016. EXHIBIT P26 TRUE COPY OF THE ORDER NO. 17603/2013 DATED 29.07.2016.

EXHIBIT P27 COPY OF THE REPLY DATED 28.04.2015 ISSUED BY THE OFFICE OF HTE SUB COLLECTOR PERINTHALMANNA EXHIBIT P28 COPY OF THE REPLY DATED 25.10.2018 ISSUED BY THE 6TH RESPONDENT OFFICE UNDER THE RIGHT TO INFORMATION ACT Exhibit P29 THE TRUE COPY OF THE ORDER IN CC NO.859 OF 2014 DATED 18/12/2021 PASSED BY THE JFCM-I TIRUR.

RESPONDENT ANNEXURES
EXHIBIT R6(A)     COPY   OF   RECORDS     RELATING     TO   THE
                  ACQUISITION    OF    HTE     LAND     IN   SY
                  NO.111/4,     111/8      OF     TRIKKANDIYUR
                  VILLAGE
ANNEXURE R6(b)    TRUE   COPY    OF    THE     REPORT     DATED

23.06.2023 SUBMITTED BY THE TAHASILDAR (LR) , TIRUR W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

ANNEXURE R6(c) TRUE COPY OF THE RELEVANT PAGES OF THE BTR ANNEXURE R6(d) TRUE COPY OF THE FMB SKETCH.