Moideen Koya vs The Revenue Divisional Officer
2024 Latest Caselaw 12544 Ker

Kerala High Court

Moideen Koya vs The Revenue Divisional Officer on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                      WP(C) NO. 41598 OF 2017


PETITIONER:

           MOIDEEN KOYA
           AGED 67 YEARS,S/O.MUHAMMED KOYA HAJI,
           RESIDING AT HASNA,CHEVAYUR,KOZHIKODE.
           BY ADVS.
           SRI.V.V.SURENDRAN
           SRI.P.A.HARISH
           SRI.P.M.PADMANABHAN
           SMT.SANIKA.V.S.

RESPONDENTS:

      1      THE REVENUE DIVISIONAL OFFICER
             CIVIL STATION,KOZHIKODE-673020.
      2      THE TAHASILDAR
             CIVIL STATION,KOZHIKODE-673020.
      3      THE VILLAGE OFFICER
             NELLIKODE VILLAGE,POST CHAVAYUR-673017.
      4      SAIDALAVI
             S/O.MOOSAKOYA,RESIDING AT KOLLERI,
             POST MEDICAL COLLEGE,KOZHIKODE-673017.
OTHER PRESENT:

           SRI.B.S.SYAMANTAK, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.41598/2017

                                          2




                       P.V.KUNHIKRISHNAN, J.
                        --------------------------------
                       W.P.(C).No.41598 of 2017
                 ----------------------------------------------
                Dated this the 21st day of May, 2024


                                JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus directing respondents 1 to 3 to restore the land in resurvey No.19/4 of Chevayur Village in Kozhikode Taluk which has been illegally reclaimed by him. ii. Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to initiate appropriate action against the 4th respondent under the Kerala Land Utilization order or the Kerala Conservation of Paddy Land and Wet Land Act.

iii. Issue any other appropriate writ order or direction which this honorable court may deem just fit and proper to grand for the redressal of the grievances of the petitioner.

(SIC)

2. When this writ petition came up for consideration

on 21.12.2017, this Court passed the following order :

"Admit. Govt. Pleader takes notice for respondents 1 to 3. Notice by speed post to the 4th respondent.

Post after a month for the counter affidavit of the respondents.

The 1st respondent shall implement Ext.P2 order, if the same is not modified or altered, in accordance with law, in the meanwhile."

3. If there is any violation of Ext.P2 order, the 1 st

respondent shall take necessary steps as directed by this

Court, with notice to the 4th respondent.

Recording the order dated 21.12.2017, this writ petition

is disposed of.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 41598/2017

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE JANMAM ASSIGNMENT DEED DATED 9.1.1988 EXECUTED BY M/S.SAFIYA AND SHARIFA IN FAVOR OF THE PETITIONER EXHIBIT P2 A TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICE DATED 27.2.12.

EXHIBIT P3        A TRUE COPY OF THE COMPLAINT FILED BY
                  THE   PETITIONER    BEFORE    THE   1ST
                  RESPONDENT DATED 21.10.17
EXHIBIT P4        A TRUE COPY OF THE COMPLAINT DATED

21.10.17 TO THE 3RD RESPONDENT.