K.S. Mahamood vs District Collector
2024 Latest Caselaw 14612 Ker

Kerala High Court

K.S. Mahamood vs District Collector 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. 27508 OF 2016
PETITIONER:

            K.S. MAHAMOOD
            AGED 54 YEARS
            KOYAS LANE, THERUVATH,KASARAGOD DISTRICT-671 122.

            BY ADVS.
            SRI.M.RAMESH CHANDER (SR.)
            SRI.JOHN THITHEEMOS
            SMT.K.A.SANJEETHA



RESPONDENTS:

    1       DISTRICT COLLECTOR
            VIDYANAGAR, KASARAGOD-671 121.

    2       TAHSILDAR
            OFFICE OF THE TAHSILDAR, KASARAGOD-671 121.

    3       VILLAGE OFFICER
            THALANGARA VILLAGE,THALANGARA, KASARAGOD DISTRICT-671
            121.

            BY ADV GOVERNMENT PLEADER



OTHER PRESENT:

            SRI.B.S.SYAMANTAK, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.27508 of 2016


                                        2

                   P.V.KUNHIKRISHNAN,J.
                ---------------------
                   W.P (C) No.27508 of 2016
             ---------------------------
               Dated this the 31st day of May, 2024

                                JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writ order or direction directing or compelling the respondents 2 & 3 to accept basic tax and grant possession certificate to the petitioner with respect to 52 cents of land comprised in RS 60/15 of Thalangara Village in Kasaragod District.

ii) Issue such other order or direction as this Hon'ble Court deem fit and proper under the circumstances of this case." (SIC)

2. When this writ petition came up for consideration on

25.08.2016, this Court passed the following order:-

"Admit. Issue notice.

In the light of Ext.P1 judgment, there will be an interim direction as prayed for"

3. The interim direction was to accept tax and issue

possession certificate to the petitioner.

4. The Government Pleader takes me through

paragraph 7 of the counter affidavit filed by the respondents.

"7. Meantime, the Competent Authority, as per letter No. CA/MUM/2(b)/H-18/77- dated 14.09.2016 has intimated that her is in the process of issuing

show-cause notice covering the above properties and that the notice will be issued shortly. Accordingly, the

competent Authority, SAFEMA has proceeded against the properties covered under the above original Petition and issued notice u/s 6(1) of the SAFEM Act to the legal heirs of K.S.Sulaiman Haji as per CA/MUM/2(b)/H-18/77-78/P1.865 dated 16.09.2016. Hence the procedure of forfeiture of the said properties is under process."

5. As per Ext.P1 judgment, this Court set aside the

SAFEM Act proceedings to confiscate the property, of course

with liberty to initiate fresh proceedings. As long as Ext.P1

judgment is in force and there is no subsequent forfeiture of

the property of the petitioner, I am of the considered opinion

that the interim order passed by this Court on 25.08.2016 can

continue. Therefore, the interim order will continue as long as

the property is not forfeited based on a fresh proceedings

subsequent to Ext.P1 judgment.

With the above observations, this writ petition is disposed

of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

APPENDIX OF WP(C) 27508/2016

PETITIONER EXHIBITS

EXHIBIT-P1: PHOTOSTAT COPY OF THE JUDGMENT IN OP NO.7282/2000 DATED 17.5.2016.