Kerala High Court
C.T. Noushad vs The District Collector on 5 June, 2024
W. P. (C) No. 20243 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 20243 OF 2024
PETITIONER:
C.T. NOUSHAD, AGED 44 YEARS,
S/O ABDU RAHIMAN, RESIDING AT SRAMBIYEKKAL
HOUSE, VAZHAKKAD.P.O., MALAPPURAM DISTRICT, PIN
- 673440.
BY ADVS.M/S.MEENA.A., VINOD RAVINDRANATH,
K.C.KIRAN,
M.R.MINI, ANISH ANTONY ANATHAZHATH, THAREEQ
ANVER K. &
NIVEDHITHA PREM.V
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
MALAPPURAM, COLLECTORATE, CIVIL STATION,
MALAPPURAM, PIN - 676505.
2 THE REVENUE DIVISIONAL OFFICER,
TIRUR, REVENUE DIVISIONAL OFFICE, TIRUR-
THRIKANDIYOOR ROAD, MALAPPURAM, PIN - 676101.
3 TAHSILDAR,
TALUK OFFICE, KONDOTTY, MALAPPURAM, PIN -
673638.
4 THE VILLAGE OFFICER,
VAZHAKKAD VILLAGE OFFICE, MALAPPURAM, PIN -
673645.
W. P. (C) No. 20243 of 2024
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5 VAZHAKKAD GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, VAZHAKKAD P.O.,
MALAPPURAM, PIN - 673640.
6 THE SECRETARY,
VAZHAKKAD GRAMA PANCHAYATH, VAZHAKKAD P.O.,
MALAPPURAM, PIN - 673640.
7 ABDUL AZEEZ M.K, AGED 57 YEARS,
S/O KALATHODIPURAY AHAMMADKUTTY, KARUMARAKKAD
AMSOM, VAZHAKKAD DESOM, KONDOTTY TALUK,
MALAPPURAM DISTRICT, PIN - 676552.
8 SULAIMAN MATTUMMAL, AGED 57 YEARS,
S/O MATTUMMAL MUHAMMED, KARUMARAKKAD AMSOM,
VAZHAKKAD DESOM, KONDOTTY TALUK, MALAPPURAM
DISTRICT, PIN - 676552.
9 AHAMMEDKUTTY K.P, AGED 59 YEARS,
S/O BICHAMMAD HAJI, RAFEEQ MANZIL- KORAPPADAM,
P.O, VAZHAKKAD, MALAPPURAM DISTRICT, PIN -
676552.
SMT.AMMINIKUTTY K., SR.G.P.,
SRI.SAYED MANSOOR BAFAKHY THANGAL, STANDING
COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 20243 of 2024
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 20243 of 2024
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Dated this the 5th day of June, 2024
JUDGMENT
The petitioner challenges Ext.P5 notice, which respondent
Nos. 5 and 6 issued purportedly in compliance with the judgment of
this Court in WP(C). No.22098/2023, dated 3.10.2023.
2. The petitioner submits that, he has not been offered an
opportunity of hearing before the action was initiated by the
respondents. The judgment referred to in Ext.P5 only directed
consideration of a representation filed by the complainant, after
hearing both sides.
3. Accordingly, there will be a direction to the petitioner to
file his objection to Ext.P5 within three weeks from today.
The Panchayat will consider the objection, hear the petitioner and
the complainant and other affected parties, if any and pass orders,
strictly in accordance with law, within a month thereafter. Till
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orders are passed and communicated to the petitioner, no coercive
steps shall be taken against the petitioner based on Ext.P5.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
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APPENDIX OF WP(C).NO.20243/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED
21.10..2022 IN W.P.(C) 5857 OF 2022
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED
03.10.2023 IN W.P. © 22098 OF 2023
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
30.06.2021 IN W.P.(C) 12986 OF 2021
EXHIBIT P4 TRUE COPY OF THE AMENDED PLAINT DATED
22.09.2022 IN O.S. 375 OF 2022 ON THE
FILES OF THE MUNSIFF'S COURT, MANJERI
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED
28.05.2024 SENT BY REGISTERED POST TO
THE PETITIONER
