Kerala High Court
U.K.Abdul Majeed vs The District Collector on 21 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C).No.13585/2017
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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. 13585 OF 2017
PETITIONERS:
1 U.K.ABDUL MAJEED
AGED 55 YEARS,S/O.KOYAMU HAJI,NADUKKANDI
HOUSE,UNNIKULAM.P.O,KOYILANDI TALUK,KOZHIKODE
DT.673574.
2 SHAKEELA.N.A
AGED 51 YEARS,W/O.ABDUL MAJEED,NADUKKANDI
HOUSE,UNNIKULAM.P.O,KOYILANDI TALUK,KOZHIKODE
DT.673574.
BY ADVS.
SRI.SAIJU S.
SMT.RUBEENA HILAL
SRI.A.HAROON RASHEED
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL LANE,KOZHIKODE-673020.
2 SECRETARY
UNNIKULAM GRAMA PANCHAYATH,EKAROOL.P.O,KOYILANDI
TALUK,KOZHIKODE DT.673001.
3 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR,AGRICULTURAL
OFFICER,KRISHI BHAVAN,UNNIKULAM GRAMA
PANCHAYATH,KOYILANDI TALUK,KOZHIKODE DT.673001.
W.P.(C).No.13585/2017
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4 ABDULLA
AGED 59 YEARS,S/O.CHOKRAN,KALATHIL
HOUSE,POONOOR,UNNIKULAM.PO,KOYILANDI
TALUK,KOZHIKODE DT.673574.
BY ADVS.
SRI.T.SHIHABUDHEEN
SRI.NIRMAL. S
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.13585/2017
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P.V.KUNHIKRISHNAN, J.
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W.P.(c).No.13585 of 2017
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Dated this the 21st day of May, 2024
JUDGMENT
The above writ petition is filed seeking the following
reliefs:-
"Issue a writ of mandamus or other appropriate writ order or
direction to permit the petitioners to continue with the construction
of the building in accordance with Exhibit P2 Building Permit;
ii)Issue a writ of mandamus or other appropriate writ, order or
direction to the respondents to declare that the petitioner's property
does not come within the purview of Kerala conservation of paddy
land and wet land Act and petitioners are legally entitles for the
construction as per Exhibit P2 Building Permit;
iii)Issue a writ of mandamus or other appropriate writ order or
direction to the respondents to pass appropriate orders on the basis
of the report from the 3rd respondent Local Level Monitoring
Committee, in view of the fact that the 1 st respondent is deprived of
powers by virtue of recent annulment of Section 3A of the Kerala
conservation of paddy land and wet land Act.",
2. The main prayer in this case is to continue with the
construction on the basis of the report from the LLMC,
based on Exhibit P2 building permit. This writ petition is
pending before this Court from 2017. No interim order is
passed in this case in favour of the petitioner. Exhibit P2
building permit is already expired. In such circumstances,
the prayers in this writ petition have become infructuous.
If there is any fresh cause of action, the same is left open.
With the above observation, this writ petition is disposed
of.
P.V.Kunhikrishnan, Judge
sj21/5/24
APPENDIX OF WP(C) 13585/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPIES OF THE TITLE DEEDS OF
PETITIONER'S PROPERTY
EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED
25/11/2013 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE COMMON JUDGMENT IN
W.P(C)18431/2014 AND WP(C)16159/2015 BY
THE HIGH COURT OF KERALA DATED 30.3.2016
EXHIBIT P4 TRUE COPY OF THE REPORT OF LOCAL LEVEL
MONITORING COMMITTEE DATED 31/7/2015
EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPHS OF THE
PETITIONER'S PROPERTY.
True copy
PS to Judge
