Kerala High Court
A.M.Bava vs Managing Director on 31 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 36499 OF 2016
PETITIONERS:
1 A.M.BAVA
AGED 49 YEARS, S/O.ABDU RAHIMAN, ANGALAGATHMUKKIL HOUSE,
KUTTIKADNILAM PARAMB, P.O.BEYPORE, KOZHIKODE - 673 015.
2 HARI K.S
AGED 42 YEARS, S/O.SUCHEENDRAN, SUCHEEDRAM (H),
MALAPARAMBA PO, KOZHIKODE - 673 009.
BY ADV SRI.E.NARAYANAN
RESPONDENTS:
1 MANAGING DIRECTOR
M/S.P.V.K. PROPERTIES & HOTEL PRIVATE LIMITED,
INDUS AVENUE, KALLAI ROAD, KOZHIKODE - 673 003.
2 STATE OF KERALA
REPRESETNED BY THE DISTRICT COLLECTOR, KOZHIKODE,
COLLECTORATE, CIVIL STATION, KOZHKKODE - 673 020.
3 THE TAHSILDAR
KOZHIKODE TALUK, TALUK OFFICE, COLLECTORATE, CIVIL STATION,
KOZHIKODE - 673 020.
4 THE VILLAGE OFFICER
KASABA VILLAGE, P.O.PUTHIYARA, KOZHIKODE - 673 004.
BY ADVS.
SRI. RIYAL DEVASSY, GP
SRI. DEVAPRASANTH.P.J. - R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.36499 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.36499 of 2016
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Dated this the 31st day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"1. Issue a writ of mandamus or other
appropriate writ, order or direction, directing the
second respondent to take necessary action as per
law as per Exhibit P7 against the first respondent;
or in the alternative,
2. Direct the second respondent to dispose off
Exhibit P7 as per law by hearing the petitioners
herein at an earliest point of time at any rate before
25-11-16 and to take necessary action as per law
against the first respondent. And
3. Issue such other reliefs as this Hon'ble Court
may deem fit and proper." SIC
2. When this writ petition came up for
WP(C) NO.36499 OF 2016
consideration on 17.11.2016, this Court passed the
following order;
"The District Collector, Kozhikode shall
instruct the 3rd respondent to inspect the property
as seen from the schedule in Ext.P1 and see that
no conversion is effected in violation of the Kerala
Conservation of Paddy Land and Wet Land Act,
2008. The petitioners shall produce a copy of the
writ petition before the 2nd respondent."
3. The learned counsel appearing for the 1st
respondent submitted that, no illegal conversion is
effected in violation of the Kerala Conservation of
Paddy Land and Wet Land Act, 2008.
Recording the above submission and also
recording the order dated 17.11.2016, this writ
petition is disposed of. Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.36499 OF 2016
APPENDIX OF WP(C) 36499/2016
PETITIONER EXHIBITS
P1 TRUE COPY OF THE PLAINT DATED 22.9.2016 IN OS
NO.488/16 ON THE FILE OF THE PRINCIPAL MUNSIFF
COURT (I) KOZHIKODE
P2 TRUE COPY OF THE APPLICATION DATED 25.5.2015
SUBMITTED UNDER THE RTI ACT BEFORE THE VILLAGE
OFFICER KASABA
P3 TRUE COPY OF THE REPLY DATED 10.6.2015 ISSUED FROM
THE PUBLIC INFORMATION OFFICER, VILLAGE OFFICER
KASABA
P4 TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT
DATED 2.11.2016 IN OS NO.488/2016 ON THE FILE OF THE
PRINCIPAL MUNSIFF COURT (I) KOZHIKODE
P5 TRUE COPY OF THE IA NO.3894/16 DATD 22.9.2016 IN OS
NO.488/2016 ON THE FILE OF THE PRINCIPAL MUNSIFF
COURT (I) KOZHIKODE
P6 TRUE COPY OF THE CASE STATUS WITH RESPECT TO
EXHIBIT P1 SUIT TAKEN FROM THE WEB SITE
WWW.ECOURTS.GOV.IN
P7 TRUE COPY OF THE REPRESENTATION DATED 2.11.2016
SUBMITTED BY THE FIRST PETITIOENR BEFORE THE
RESPONDENT 2 AND 4
P8 TRUE COPY OF THE IA NO.4584/16 DATED 2.11.2016, IN OS
NO.488/2016 ON THE FILE OF THE PRINCIPAL MUNSIFF
COURT (I) KOZHIKODE
P9 TRUE COPY OF THE ORDER DATED 3.11.2016 IN IA
NO.4584/16 DATED 2.11.2016 IN OS NO.488/2016 ON THE
FILE OF THE PRINCIPAL MUNSIFF COURT (I) KOZHIKODE
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
