Kerala High Court
Ali Askar vs The State Of Kerala on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 22929 OF 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 22929 OF 2018
PETITIONER/S:
ALI ASKAR
S/O. ABDUL SALAM, MANAKKAT HOUSE, CHERUVADI (P.O.),
PIN - 673 661, KOZHIKODE DISTRICT.
BY ADVS.
SRI.JAMSHEED HAFIZ
SMT.T.S.SREEKUTTY
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE REVENUE
DEPARTMENT, THIRUVANANTHAPURAM.
2 THE DISTRICT COLLECTOR KOZHIKODE
MALAPPURAM DISTRICT.
3 THE LOCAL LEVEL MONITORING COMMITTEE KOZHIKODE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KODIYATHOOR, PANNIKODE (P.O.), PIN - 673 602,
KOZHIKODE DISTRICT.
4 THE AGRICULTURAL OFFICER KODIYATHOOR
PANNIKODE (P.O.), PIN - 673 602, KOZHIKODE
DISTRICT.
5 THE VILLAGE OFFICER KODIYATHOOR
KODIYATHOOR (P.O.), 673 602, KOZHIKODE DISTRICT.
BY ADV GOVERNMENT PLEADER, SRI.RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22929 OF 2018 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 22929 of 2018
--------------------------------------
Dated this the 28th day of June, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"a. Issue a writ of Mandamus or any appropriate writ or
direction, directing the 3rd respondent to set aside Ext. P7
Order.
b. Issue a writ of Mandamus or any appropriate writ or
direction, directing the 3rd respondent to remove the
petitioners land from data bank and issue certificate to the
above effect.
c. Pass any other appropriate writ, order or direction
which this Hon'ble Court may deem fit to issue and the
petitioner may pray from time to time."
2. The petitioner is challenging Ext.P7 order passed by
the Local Level Monitoring Committee-the 3 rd respondent.
This Court perused Ext.P7 order. It only says that based on
the majority decision of the LLMC, the application is rejected.
I am of the considered opinion that this is not the way an
LLMC should pass orders. According to me, Ext.P7 is to be set
aside. At this stage, the counsel for the petitioner submitted
that the petitioner may be allowed to file Form 5 application
before the competent authority and there may be a direction
to consider the same. I think that prayer can be allowed.
Therefore, this writ petition is disposed of with the
following directions :
1) Ext.P7 is set aside.
2) The petitioner is free to file Form 5 application before
the competent authority and if such an application is
received, the competent authority will consider the same
and pass appropriate orders in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 22929/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE
OF THE PETITIONER WITH RESPECT TO THE
PROPERTY COVERED BY DOCUMENT NO.
1176/I/2016 OF S.R.O.MUKKAM DATED
23.01.2017.
EXHIBIT P2 A TRUE COPY OF THE TAX PAID RECEIPT FOR
THE PROPERTY COVERED BY DOCUMENT NO.
1176/I/2016 OF S.R.O.MUKKAM DATED
11.08.2016.
EXHIBIT P3 A TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 23.01.2017.
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT PASSED BY
THIS HONOURABLE COURT DATED 20.10.2017 IN
W.P.(C) 6605/2017.
EXHIBIT P5 A TRUE COPY OF THE REPORT ON LAND USE
CHANGE DATED NIL.
EXHIBIT P6 A TRUE COPY OF THE MINUTES OF L.L.M.C.
DATED 14.05.2018.
EXHIBIT P7 A TRUE COPY OF THE ORDER PASSED BY THE
3RD RESPONDENT DATED 15.05.2018.
