Mujeeb vs Village Officer
2024 Latest Caselaw 12597 Ker

Kerala High Court

Mujeeb vs Village 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. 22157 OF 2016
PETITIONER/S:

          MUJEEB
          AGED 33 YEARS
          S/O.ABU, PATHIYATTU ARAPOYIL HOUSE, CHELAMBRA
          AMSOM, DESOM, CHELAMBRA P.O., MALAPPURAM DISTRICT.
          BY ADVS.
          SRI.R.BINDU (SASTHAMANGALAM)
          SRI.PRASANTH M.P

RESPONDENT/S:

    1     VILLAGE OFFICER
          CHELAMBRA, MALAPPURAM DISTRICT, PIN: 673 634.
    2     THE REVENUE DIVISIONAL OFFICER
          PERINTHALMANNA, MALAPPURAM DISTRICT, PIN: 673 682.
    3     THE DISTRICT COLLECTOR
          MALAPPURAM, PIN: 673 001.
    4     THE CHEEKODE GRAMA PANCCHAYATH
          CHEEKODE, MALAPPURAM DISTRICT, PIN: 673 014,
          REPRESENTED BY ITS SECRETARY.
    5     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN : 695 001.
          BY ADVS.
          GOVERNMENT PLEADER

OTHER PRESENT:

          SRI.RIYAL DEVASSY, 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.22157/2016

                                      2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.22157 of 2016
             ----------------------------------------------
            Dated this the 21st day of May, 2024


                             JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of certiorari, calling for the records leading to Exhibits P2 to P4 and may quash the same as highly unjust, illegal and arbitrary. ii. issue a writ of mandamus or any other appropriate writ, direction or orders, directing the respondents 1 to 3 to release the vehicle bearing Registration Number KL.10/AE 6034 to the petitioner, forthwith.

iii. issue any other writ, order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(SIC)

2. This writ petition is filed under Article 226 of the

Constitution of India, challenging Ext.P4 order passed by the

Additional District Judge-III, Manjeri in C.M.A. No.69/2013. In

Naresh Kumar P. v. Tahsildar [2017 SCC OnLine Ker 39154]

this Court observed that the writ petition under Article 226 of

the Constitution of India is not maintainable against an order

passed by the civil court in an appeal under Section 23C of the

Kerala Protection of River Banks and Regulation of Removal of

Sand Act, 2001.

3. In the light of the above, this writ petition is not

maintainable. But I make it clear that the petitioner is free to

challenge the impugned order in accordance with law.

With the above observation, this writ petition is closed.

sd/-

                                       P.V.KUNHIKRISHNAN
JV                                            JUDGE






                 APPENDIX OF WP(C) 22157/2016

PETITIONER EXHIBITS
P1                TRUE COPY OF THE MAHAZER PREPARED BY

THE SUB INSPECTOR OF POLICE, VAZHAKKAD DATED 27/4/2012.

P2 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 4/9/2013.

P3 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 28/10/2013.

P4 TRUE COPY OF THE JUDGMENT PASSED BY THE COURT OF THE 3RD ADDITIONAL DISTRICT JUDGE, MANJERI IN CIVIL MISCELLANEOUS APPEAL NO.69/2013 DATED 23/2/2016.