Kerala High Court
Dr.Nazar Ahamed vs State Of Kerala on 22 October, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
WP(C) NO. 4452 OF 2006(E)
PETITIONERS:
1. DR.NAZAR AHAMED ONAMPALLY VEEDU, KARUNAGAPPALLY, KOTTAYAM DIST.
2. ADDL.P2: SHAFEECA BEEGUM, AGED 62 YEARS W/O. LATE NAZAR AHAMED,
AHAMMED MANZIL, PADANAYAR KULANGARA VADAKUMMURI, KARUNAGAPPALLY
P.O., KOTTAYAM DISTRICT PIN - 690518.
3. ADDL.P3: SAFAR AHAMMED, AGED 42 YEARS S/O. LATE NAZAR AHAMMED
AHAMMED MANZIL, PADANAYAR KULANGARA VADAKUMMURI, KARUNAGAPPALLY
P.O., KOTTAYAM DISTRICT PIN - 690518.
4. ADDL.P4: AMATHUL NAZEER. AGED 42 YEARS S/O.LATE NAZAR AHAMMED,
MADAYIL AMSOM DESOM, NEAR PAZHAYANGADI RAILWAY STATION, KOTTAYAM
DISTRICT.
5. ADDL.P5: SANOOJA BEEGUM, AGED 31 YEARS D/O.LATE NAZAR AHAMMED,
AHAMMED MANZIL, PADANAYAR KULANGARA VADAKUMMURI, KARUNAGAPPALLY
P.O., KOTTAYAM DISTRICT, PIN - 690518. ADDL. P2 TO P5 ARE IMPLEADED
AS PER ORDER DATED 28.10.2016 IN IA 9127/2015.
RESPONDENTS:
1. STATE OF KERALA. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,,
THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR KOTTAYAM.
3. THE TAHSILDAR KANJIRAPPALLY KOTTAYAM DISTRICT.
4. THE VILLATE OFFICER MANIMALA KOTTAYAM DISTRICT.
5. THE DIVISIONAL FOREST OFFICER KOTTAYAM.
6. ADDL. E.A. SHOUKATH ALI SOUGHT TO BE IMPLEADED
7. ADDL. MOHAMMED SHIHABUDIN.M.S SOUGHT TO BE IMPLEADED
8. ADDL. SIYAD AHMED SOUGHT TO BE IMPLEADED
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the second respondent to conduct a joint inspection with
the Forest Officials and separately demarcate the boundary of the property
of the petitioner in Survey No.379/1 of Erumali Village which now forms
part of Re-survey Block N.21-326 Part of Manimala Village, Kanjirappally
Taluk, Kottayam District and carry out the settlement in Basic Tax
Registers;
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
14.12.2022 and upon hearing the arguments of M/S.ANIL S.RAJ, ANILA PETER,
K.N.RAJANI & RADHIKA RAJASEKHARAN P. Advocates for the petitioners and of
ADDL.ADVOCATE GENERAL for the respondent 1, the court passed the
following:
HARISANKAR V. MENON, J.
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W.P.(C) Nos.4452 of 2006, 18154 of 2008, 18536 of 2008,
18538 of 2008, 18565 of 2008, 18593 of 2008, 18615 of 2008,
654 of 2009, 656 of 2009, 1424 of 2009, 1797 of 2009, 1821 of
2009, 2859 of 2010 and 18927 of 2010
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Dated this the 22nd day of October 2024
ORDER
It is pointed out by Sri.T.P. Sajan, the learned Special
Government Pleader (Forest), that the issue involved in these
writ petitions can be finally disposed of only after the disposal
of the appeal filed against the judgment in M.S.A. No.1 of
1981 pending before the Apex Court as S.L.P. No.2291 of
2019.
Post on 20.12.2024.
Sd/-
HARISANKAR V. MENON, JUDGE
Skk/26.10.2024
22-10-2024 /True Copy/ Assistant Registrar
