Muhammed Bakthyar vs District Colllector ,Malappuram
2024 Latest Caselaw 14168 Ker

Kerala High Court

Muhammed Bakthyar vs District Colllector ,Malappuram on 29 May, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
      WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
                        WP(C) NO. 18978 OF 2024
PETITIONER:

              MUHAMMED BAKTHYAR,
              AGED 44 YEARS
              S/O. ABOOBAKKAR , CHOLAKKAL HOUSE , KOLAPPURAM,
              A.R .NAGAR, MALAPPURAM DISTRICT,PIN - 676305.
              BY ADVS.
               SHRI K.N.MUHAMMED THANVEER
               SHRI ALTHAF AHMED ABDU


RESPONDENTS:

           DISTRICT COLLLECTOR ,MALAPPURAM,
     1     COLLECTORATE , U.P. HILL,
           MALAPPURAM DISTRICT, PIN - 676505.
           REVENUE DIVISIONAL OFFICER , TIRUR,
     2     REVENUE DIVISIONAL OFFICE , TIRUR ,
           MALAPPURAM DISTRICT, PIN - 676101.
           TAHASILDAR (LAND RECORDS), TIRURANGADI,
     3     TALUK OFFICE , TIRURANGADI,
           MALAPPURAM, PIN - 676306.
           AGRICULTURAL OFFICER,
     4     AGRICULTURAL OFFICER , KRISHI BHAVAN , TIRURANGADI ,
           MALAPPURAM, PIN - 676306.
           VILLAGE OFFICER , TIRURANGADI,
     5     VILLAGE OFFICE, TIRURANGADI,
           MALAPPURAM,, PIN - 676306.
OTHER PRESENT:

              BY ADV
               SMT.AMMINIKUTTY K,SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18978 of 2024
                                                       2

                                 MOHAMMED NIAS C.P., J.
                         ............................................................
                                  W.P(C) No. 18978 of 2024
                           .............................................................
                           Dated this the 29th day of May, 2024


                                              JUDGMENT

The writ petition is filed with the following prayers;

" i) Issue a writ of mandamus or any other appropriate writ,

direction or order, directing the respondents to release the

vehicle of the petitioner, JCB bearing registration number KL- 55-

C-991.

ii) Issue a writ of mandamus any other appropriate writ declaring

that the seizure of the vehicle and proceedings initiated against

the vehicle of the Petitioner is without any authority and it is

illegal.

iii) Issue a writ of mandamus any other appropriate writ to direct

a departmental enquiry and action against the respondents in not

complying the direction of this court in W.P(c) 29962 of 2021

held on 18/01/2022.

iv) To issue such other reliefs as this Honourable Court may

deem fit and proper in the circumstances of this case."

2. Today when the matter is taken up for consideration, the

learned Government Pleader submits that the parties were heard in

the year 2022, but no orders have been passed. This is recorded. WP(C) NO. 18978 of 2024

Accordingly, there will be a direction to the 1st respondent to

comply with the directions in WP(C) No. 29962 of 2021 dated

18.01.2022 within a month from today.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE LU WP(C) NO. 18978 of 2024

APPENDIX OF WP(C) 18978/2024

PETITIONER EXHIBITS TRUE COPY OF THE JUDGEMENT IN W.P.(C ) 29962 EXHIBIT P1 OF 2021 DATED 18/01/2022 TRUE COPY OF THE SEIZURE MAHZAR PREPARED BY EXHIBIT P2 THE 5TH RESPONDENT DATED 10/05/2017 EXHIBIT P3 TRUE COPY OF BUILDING PERMIT DATED 08/02/2018