Kerala High Court
Palappetty Aboobacker vs The District Collector on 29 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
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 9508 OF 2017
PETITIONER:
PALAPPETTY ABOOBACKER
AGED 60 YEARS, S/O.MOIDEEN HAJI(LATE), KONDOTTY TALUK,
OZHUKUR(P.O), MALAPPURAM DISTRICT-673 642.
BY ADV SRI.MAHBOOB ARUVEETTIL
RESPONDENTS:
1 THE DISTRICT COLLECTOR
MALAPPURAM, PIN-676 505.
2 THE SURVEY SUPERINTENDENT
DISTRICT SURVEY OFFICE, COLLECTORATE,
MALAPPURAM, PIN-679 322.
3 KONDOTTY THAHASILDAR
KONDOTTY TALUK, KONDOTTY, MALAPPURAM, PIN-673 638.
4 THE ADDL. THAHASILDAR
KONDOTTY TALUK, KONDOTTY, MALAPPURAM, PIN-673 638.
5 SECRETARY
MORAYUR GRAMA PANCHAYATH, MORAYUR,
MALAPPURAM (DT), PIN-673 642.
6 THE DISTRICT DEPUTY DIRECTOR SURVEY
DISTRICT COLLECTORATE, MALAPPURAM, PIN-676 505.
7 THE TALUK SURVEYOR,
TALUK OFFICE, KONDOTTY, MALAPPURAM (DT), PIN-673 638.
8 THE VILLAGE OFFICER,
MORAYUR VILLAGE, MALAPPURAM (DT), PIN-673 642.
9 MOHAMMED ABDUL MAJEED,
AGED 59 YEARS, S/O.KUTTYRAYIN, MELARKATT(H),
MORAYUR(P.O), MALAPPURAM (DT), PIN-673 642.
BY ADV.
SRI.B.S.SYAMANTAK, 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.9508 OF 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.9508 of 2017
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Dated this the 29th day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Issue a writ of mandamus or other appropriate
writ, order or direction commanding the 1 to 8
respondents to conduct a joint inspection and re
survey of the pathway called Kumbalappara
Munduchal Kummaliparamba road and whose
result must be carried out in revenue records with all
necessary amendments.
ii) Issue a writ of Mandamus or other appropriate
writ, order or direction to the 1st respondent to
consider the Exhibit P1 representation with in a time
limit fixed by this Honourable court for the ends of
justice.
iii) Issue such other appropriate writ, order or
direction which this Hon'ble Court may deem fit in
WP(C) NO.9508 OF 2017
the circumstances of the case;" SIC
2. The main prayer in this writ petition is to
consider Ext.P1 representation. This Court issued
notice to the respondents, but, no process is paid and
no steps are taken. This writ petition is pending
before this Court from 2017 onwards. No interim
order is passed in this case. Probably, the prayers in
this writ petition might have been infructuous.
Hence, this writ petition need not be retained here. If,
there is any fresh cause of action to the petitioner, the
same is left open.
With the above observation, this writ petition
is closed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.9508 OF 2017
APPENDIX OF WP(C) 9508/2017
PETITIONER EXHIBITS
EXT.P1 A TRUE COPY OF THE PETITION DATED
07.12.2016 AND ITS POSTAL RECEIPTS
FILED BEFORE 1ST RESPONDENT
EXT.P2 A TRUE COPY OF THE DOCUMENT
MAINTAINED BY THE RESPONDENT
NUMBER 5 IN HIS OFFICE
EXT.P3 A TRUE COPY OF THE PETITION DATED
17/12/2016 FILED BEFORE RESPONDENTS
NUMBER 3 AND ITS RECEIPTS IS
HEREWITH PRODUCED AND MARKED.
EXT.P4 A TRUE COPY OF THE PETITION DATED
17.12.2016 FILED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT AND ITS
RECEIPT
EXT.P5 A TRUE COPY OF THE COMMUNICATION
LETTER ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONER UNDER RIGHT TO
INFORMATION ACT DATED 06/01/2017.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
