Citation : 2024 Latest Caselaw 6056 Ker
Judgement Date : 23 February, 2024
WP(C) No.13597/2023 1/3 Order Date : 23-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 23rd day of February 2024 / 4th Phalguna, 1945
WP(C) NO. 13597 OF 2023
PETITIONERS:
1. PANDALLOOR ISLAMIC DHAVA CENTRE, AGED 54 YEARS, ERNAD, PANDALLUR
REPRESENTED BY ITS PRESIDENT, ABOOBACKER SAKKAFI, S/O. MUHAMMED
MADARI PANAMKAVIL, PANDALLOOR DESOM, KADAMBODE, MALAPPURAM DISTRICT,
PIN- 676521
2. THE GENERAL SECRETARY, AGED 55 YEARS, PANDALLOOR ISLAMIC DHAVA
CENTRE, ERNAD, PANDALLUR, MALAPPURAM DISTRICT, PIN- 676521
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME
AFFAIRS GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001
2. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM DISTRICT, PIN-
676553
3. THE TAHSILDAR, ERNAD TALUK, ERNAD P.O, MALAPPURAM DISTRICT, PIN-
676505
4. THE VILLAGE OFFICER, PANDALLUR VILLAGE, PANDALLUR P.O., MALAPPURAM
DISTRICT, PIN- 676521
5. THE ANAKKAYAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY
ANAKKAYAM, MALAPPURAM, PIN- 676509
6. SRI.USMAN, KALATHINKAL HOUSE, KADAMBODE, KADAMBODE P.O., MALAPPURAM
DISTRICT, PIN- 676521
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to call for a report from the district collector and direct the
District Collector Malappuram to grant provisional NOC for the
construction of religious building in Re.Survey No.86/2 in Block No.47,
Pandallur Village in Ernad Taluk in Malappuram District, pending disposal
of the writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
13-04-2023 and upon hearing the arguments of M/S. K.J.MANU RAJ, RAVI
KRISHNAN & K.VINAYA, Advocates for the petitioners, SRI. SIDHIQ Advocate
for R5 and of M/S. K.T., LEGITH T.KOTTAKKAL & P.R.BANERJI, Advocates for
R6, the court passed the following:
WP(C) No.13597/2023 2/3 Order Date : 23-02-2024
MURALI PURUSHOTHAMAN, J.
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W.P.(C) No.13597 of 2023
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Dated this the 23rd day of February, 2024
O R D E R
The learned Government Pleader to place on
record a statement.
Post on 04.03.2024.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
sp/23/02/2024 WP(C) No.13597/2023 3/3 Order Date : 23-02-2024
APPENDIX OF WP(C) 13597/2023 Exhibit P 1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 23.9.2021 Exhibit P 2 A TRUE COPY OF THE RELEVANT PAGES OF TITLE DEED DATED 22.9.2016 Exhibit P 3 A TRUE COPY OF THE TAX RECEIPT DATED 5.4.2023 Exhibit P 4 A TRUE COPY OF THE APPLICATION DATED 17.6.2017 Exhibit5 P 5 A TRUE COPY OF THE COMMUNICATION OF THE SECRETARY OF ANAKKAYAM GRAMA PANCHAYAT TO THE DISTRICT COLLECTOR MALAPPURAM DATED 19.12.2017 Exhibit P 6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE DISTRICT COLLECTOR MALAPPURAM DATED NIL Exhibit P 7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 1ST PETITTIONER BEFORE THE DISTRICT COLLECTOR MALAPPURAM DATED 27.1.2021 Exhibit P 8 A TRUE COPY OF THE REPORT SUBMITTED BY DISTRICT POLICE CHIEF MALAPPURAM DATED 29.4.2019 Exhibit P 9 A TRUE COPY OF THE REPORT SUBMITTED BY TAHSILDAR ERNAD DATED 18.2.2019 Exhibit P 10 A TRUE COPY OF THE ORDER NO DCMPM/5031/2018-E3 ISSUED BY THE 2ND RESPONDENT DATED 20.2.2021 Exhibit P 11 A true copy of the judgment in C.C. No. 770/2017 on the files of Judicial First Class Magistrate Court - II. Perintalmanna dated 5..7..2023
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