Jebi Mather Hisham vs The District Collector
2024 Latest Caselaw 16234 Ker

Kerala High Court

Jebi Mather Hisham vs The District Collector on 10 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 29149 OF 2017             1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
                          WP(C) NO. 29149 OF 2017
PETITIONER/S:

               JEBI MATHER HISHAM
               AGED 37 YEARS
               AGED 37, W/O.HISHAM AHAMED, MATHER ESTATE,
               THEVAKKAL, V.K.COLONY P.O., ERNAKULAM-682021.

              BY ADV SRI.PRAVEEN K. JOY



RESPONDENT/S:

      1        THE DISTRICT COLLECTOR
               ERNAKULAM-682031.

      2        THE REVENUE DIVISIONAL OFFICER
               FORT KOCHI, ERNAKULAM-682001.

      3        THE TAHSILDAR
               TALUK OFFICE, PARAVUR, ERNAKULAM-682051.

      4        THE VILLAGE OFFICER
               KADUNGALLOOR VILLAGE, ERANKULAM-682058.

      5        AGRICULTURAL OFFICER
               KADUNGALLOOR, ERNAKULAM-682058.

      6        CONVENER
               LOCAL LEVEL MONITORING COMMITTEE, KADUNGALLOOR
               VILLAGE, ERNAKULAM-682058.
 WP(C) NO. 29149 OF 2017                  2



OTHER PRESENT:

               SRI.RIYAL DEVASSY, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   10.06.2024,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 29149 OF 2017                3




                     P.V.KUNHIKRISHNAN, J
                   --------------------------------------
                    W.P.(C.) No. 29149 of 2017
                   --------------------------------------
               Dated this the 10th day of June, 2024



                                JUDGMENT

The above writ petition is filed with following prayers :

"A. To issue writ, order or direction in the nature of mandamus directing the 1st and 2nd respondent to take up P2 and 6th respondent to take Ext.P1 thus to conclude the proceedings and thereby declare that property of petitioner as 'purayidam land' within a time limit, to be fixed by this Honourable Court, in the interest of justice. B. To issue appropriate writ, order or direction to the respondent No. 1 to 6 to conclude the entire proceedings as per the latest decision of the Hon'ble Court in Salim C.K. Vs State of Kerala and also direct the respondents to correct the revenue records of the property of petitioner within a time limit, in the interest of justice. C. To issue directions to the respondents 6, 1 and 2 to take up Ext.P1 and P2 respectively and pass orders and to grant such other reliefs as deemed fit and proper and also to get fresh assessment based on the revised classification of

land and also to correct the data bank, in respect of property of the petitioner.

D. To grant such other relief as may be deemed fit and proper, to pass appropriate orders, to get fresh assessment based on the revised classification of land and also to correct the data bank, in respect of property of the petitioner, in the interest of justice. [sic]

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that there

may be a direction to consider Ext.P1 by the 6th respondent.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think that prayer can be

allowed on condition that the same is received and pending

before the 6th respondent.

Therefore, this writ petition is disposed of with the

following directions :

1) If Ext.P1 is received and pending before the 6 th

respondent, the 6th respondent will consider the same

and pass appropriate orders in it, within three months

from the date of receipt of a certified copy of this

judgment.

2) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition with

exhibits before the 6th respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 29149/2017

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE APPLICATION BEFORE THE 6TH RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION BEFORE THE 1ST AND 2ND RESPONDENT.