Kerala High Court
Neravath Rajan vs The District Collector, Malappuram on 28 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 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 17065 OF 2016
PETITIONER:
NERAVATH RAJAN
AGED 51 YEARS, S/O.KUNJUNNI (LATE), NERAVATH HOUSE,
P.O.OZHUKOOR, PIN - 673 672, MALAPPURAM DISTRICT
BY ADV SRI.MAHBOOB ARUVEETTIL
RESPONDENTS:
1 THE DISTRICT COLLECTOR, MALAPPURAM
MALAPPURAM, PIN - 676 505
2 THE SURVEY SUPERINTENDENT
MALAPPURAM, PIN - 676 505
3 THE TAHSILDAR
KONDOTTY TALUK OFFICE, KONDOTTY, MLALAPPURAM - 676 505
4 THE ADDITIONAL TAHSILDAR
KONDOTTY TALUK OFFICE, KONDOTTY, MALAPPURAM - 676 505
5 THE HEAD TALUK SURVEYOR
KONDOTTY TALUK OFFICE, KONDOTTY, MALAPPURAM - 676 505
6 THE VILLAGE OFFICER
MORAYOOR, MALAPPURAM - 676 505
7 THE ASST. ENGINEER
PWD ROAD SECTION, KONDOTTY - 676 505
8 FATHIMA KM
AGED 40 YEARS, D/O.MUHAMMED,KODIKATHODI HOUSE,
MORAYOOR, MALAPURAM - 676 505
BY ADV.
SRI. RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.17065 OF 2016
2
P.V.KUNHIKRISHNAN, J.
--------------------------------------------
W.P.(C) No.17065 of 2016
----------------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"1) to issue a writ of Mandamus or any other
appropriate writ, order or directions directing the
2nd and 3rd respondents to rectify the mistake after
surveying petitioner land in Morayoor Village with
survey No. 276/2 in Block No 57 in tune with
Exhibit P5, P7 applications
2) to issue writ of Mandamus or any other
appropriate writ or order or direction directing the
2nd and 3rd respondents to consider and pass
order on Ex P5, Ext P7 applications after conducting
survey with in a time fixed by this Hon'ble Court.
3) To pass any such other reliefs or further orders
WP(C) NO.17065 OF 2016
as the petitioner may seek and this Hon'ble Court
deem fit to and proper for the circumstances of the
case." SIC
2. The main prayer in this writ petition is to
issue direction to consider Exts.P5 and P7
applications. This writ petition is pending before this
Court from 2016 onwards. No interim order is passed
in this case. If Exts.P5 and P7 is pending as on today,
there can be a direction to consider the same and take
appropriate steps, in accordance with law.
Therefore, this Writ Petition is disposed of
with the following directions;
1. The 2nd and 3rd respondents are directed
to consider and pass appropriate orders
in Exts.P5 and P7, if the same is pending
WP(C) NO.17065 OF 2016
as on today, as expeditiously as possible,
at any rate, within a period of six months
from the date of receipt of a copy of this
judgment.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.17065 OF 2016
APPENDIX OF WP(C) 17065/2016
PETITIONER EXHIBITS
P1 TRUE COPY OF THE SALE DEED NO.
1222/2001M, REGISTERED IN SRO MONGAM
P2 TRUE COPY OF THE LAND TAX PAID BY THE
PETITIONER ON 21.04.2016
P3 TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE 6TH
RESPONDENT TO THE PETITIONER DATED
10.02.2016
P4 TRUE COPY OF THE ORDER PASSED BY THE
4TH RESPONDENT AS FILE NO. H2
5085/2015 DATED 31.03.2016
P5 TRUE COPY OF THE REPRESENTATION
DATED 28.04.2016 FILED BY THE
PETITIONER BEFORE THE 2ND
RESPONDENT
P6 TRUE COPY OF THE RECEIPT DATED
28.04.2016 ISSUED BY THE 2ND
RESPONDENT SHOWING THE NO. J-1159/16
P7 TRUE COPY OF THE FORM 8 AND DETAILED
PETITION SUBMITTED BY THE PETITIONER
DATED 27.04.2016
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
