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Amina Beegum vs The Revenue Divisional Officer, ...
2024 Latest Caselaw 15388 Ker

Citation : 2024 Latest Caselaw 15388 Ker
Judgement Date : 5 June, 2024

Kerala High Court

Amina Beegum vs The Revenue Divisional Officer, ... on 5 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 18947 OF 2016             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                          WP(C) NO. 18947 OF 2016
PETITIONER/S:
          AMINA BEEGUM
          AGED 61 YEARS
          W/O.MOHAMMED ISMAIL,RESIDING AT
          2/437,TANCHAVOOR,TAMILNADU-612001.REPRESENTED BY
          POWER OF ATTORNEY HOLDER,ABDURAHIMAN,AGED 61
          YEARS,S/O.ABDULLA KUTTY HAJI,RESIDING AT THEKKATT
          HOUSE,THIRUVANGOOR,KOZHIKODE.

               BY ADVS.
               SRI.V.V.SURENDRAN
               SRI.P.A.HARISH


RESPONDENT/S:
     1    THE REVENUE DIVISIONAL OFFICER, KOZHIKODE
          CIVIL STATION,KOZHIKODE-673020.

      2        THE VILLAGE OFFICER
               KASABA VILLAGE,KOZHIKODE-673004.

      3        THE LOCAL LEVEL MONITORING COMMITTEE FOR KOZHIKODE
               CORPORATION
               REPRESENTED BY ITS CONVENOR,THE PRINCIPAL
               AGRICULTURAL OFFICER,KRISHI
               BHAVAN,PUTHIYARA,KOZHIKODE-673004.

               BY ADVS.
               GOVERNMENT PLEADER, SRI.M.RAJEEVAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18947 OF 2016              2




                       P.V.KUNHIKRISHNAN, J
                     --------------------------------------
                      W.P.(C.) No. 18947 of 2016
                     --------------------------------------
                  Dated this the 5th day of June, 2024



                                JUDGMENT

The above writ petition is filed with following prayers :

"i. Issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P14.

ii. Issue a writ of certiorari declaring that the land covered under Ext. P1 and P2 assignment deeds are converted into garden land much prior to the promulgation of the KLU order on the basis of the permission granted under Ext. P3 iii. Issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to issue necessary permission to the petitioner and her co-owner for a changed utilization and land covered under Exts. P1 and P2 iv. Issue a writ of mandamus or other appropriate writ order or direction directing the 1st respondent to reclassify the land covered under Ext. P1 and P2 as garden land and make appropriate changes in the basic tax register. v. Issue any other appropriate writ or order which this Honourable court may deem just, fit and proper in the facts and circumstances of the case and sufficient for the redressal of the grievances of the petitioner." [sic]

2. The counsel for the petitioner submitted that the writ

petition can be closed, with liberty to agitate, if there is any

fresh cause of action.

Liberty is granted and the writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 18947/2016

PETITIONER EXHIBITS

P1 A TRUE COPY OF THE ASSIGNMENT DEED DOCUMENT NO.1017/2004 DATED 7.9.2004 OF SRO KOZHIKODE

P2 A TRUE COPY OF THE ASSIGNMENT DTED DOCUMENT NO.1016/2004 DATED 09.9.2004 OF SRO KOZHIKODE

P3 A TRUE COPY OF THE REGISTERED KANOM DATED REGISTERED AS DOCUMENT NO.141/27 DATED 23.2.1927

P4 A TRUE COPY OF THE ASSIGNMENT DEED REGISTERED AS DOCUMENT NO.608.1947 DATED 18.4.1947

P5 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT

P6 A TRUE COPY OF THE REPORT AND SKETCH SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT

P7 A TRUE COPY OF THE CERTIFICATE OF THE 2ND RESPONDENT

P8 A TRUE COPY OF THE COMMUNICATION DATED 31.10.14 ISSUED BY THE 1ST RESPONDENT

P9 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C)29015/14

P10 A TRUE COPY OF THE FRESH APPLICATION UNDER CLAUSE 6(1)OF THE KERALA LAND UTILISATION ORDER OF THE PETITIONER

P11 A TRUE COPY OF THE ORDER OF THE 1ST

RESPONDENT

P12 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C)21116/2015

P13 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER AND HAJIRA IBRAHIM BEFORE THE 1ST RESPONDENT

P14 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT.

 
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