Aboobackar vs State Of Kerala
2024 Latest Caselaw 28498 Ker

Kerala High Court

Aboobackar vs State Of Kerala on 25 September, 2024

WP(C) NO. 22074 OF 2022       1




                                              2024:KER:71731
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

 WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA,

                              1946

                    WP(C) NO. 22074 OF 2022

PETITIONER:

           ABOOBACKAR,
           AGED 68 YEARS
           S/O. MIODUTTY, KALLIYIL HOUSE, KIZHAKKEKARA,
           AMAYUR P.O, PATTAMBI TALUK, PALAKKAD DT- 679303.


           BY ADVS.
           P.JAYARAM
           A.HAROON RASHEED


RESPONDENTS:

           STATE OF KERALA,
           REPRESENTED BY THE PRINCIPAL SECRETARY,
     1     DEPARTMENT OF AGRICULTURE, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM-695001.

           THE DISTRICT COLLECTOR,
           PALAKKAD, CIVIL LANE, PALAKKAD DISTRICT, PIN -
     2
           678001.

           REVENUE DIVISIONAL OFFICER,
           OTTAPPALAM, R.S. ROAD, OTTAPPALAM, PALAKKAD
     3
           DISTRCIT, PIN - 679101.

           LOCAL LEVEL MONITORING COMMITTEE,
           REPRESENTED BY ITS CONVENER, AGRICULTURAL
     4     OFFICER, KRISHIBHAVAN, KOPPAM PANCHAYATH,
           PATTAMBI TALUK, PALAKKAD DISTRICT, PIN-679307.
 WP(C) NO. 22074 OF 2022     2




                                             2024:KER:71731
           THE VILLAGE OFFICER,
           KOPPAM, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN-
     5
           679307.

           ABOOBACKAR,
           ALAKKANDATHIL HOUSE, AMAYUR P.O., PATTAMBI
     6
           TALUK, PALAKKAD DISTRICT-679303.


           BY ADV S.SUJIN


OTHER PRESENT:

           SMT.DEVI SHRI R., GP


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 22074 OF 2022                     3




                                                                                  2024:KER:71731


                         MOHAMMED NIAS C.P., J

                ............................................................

                         W.P(C) No.22074 of 2022

                  .............................................................

             Dated this the 25th day of September, 2024



                                      JUDGMENT

The learned counsel appearing for the petitioner submits

that the petitioner is no more. He submits that the writ petition may

be closed without prejudice to the right of the legal heirs to file a fresh

writ petition if so advised. Permission is granted.

The writ petition is closed as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE Anu

2024:KER:71731

APPENDIX OF WP(C) 22074/2022

PETITIONER EXHIBITS

TRUE COPY OF THE PHOTOGRAPHS OF THE Exhibit P1 PETITIONER'S PROPERTY.

TRUE COPY OF THE ORDER DATED 4.1.2022 BY THE 2ND RESPONDENT DISTRICT Exhibit P2 COLLECTOR, PALAKKAD.

TRUE COPY OF THE ORDER REVISION NO.544/2022 (AGRICULTURAL) DATED Exhibit P3 20.6.2022 PASSED BY THE 1ST RESPONDENT.

TRUE COPY OF THE FORM 5 APPLICATION DATED 11.1.2022 FILED BY THE Exhibit P4 PETITIONER.

TRUE COPY OF THE LETTER DATED 13.1.2022 Exhibit P5 ISSUED BY THE 3RD RESPONDENT RDO.

TRUE COPY OF LETTER ISSUED PADASEKHARA Exhibit P6 SAMITHI, AMAYUR DATED 27.6.2022.

TRUE COPY OF THE MAHASAR OF LAND IN QUESTION PREPARED BY THE 5TH RESPONDENT Exhibit P7 VILLAGE OFFICER DATED 29.3.2019.

RESPONDENTS EXHIBITS

TRUE COPY OF THE REPORT DATED 26/03/2019 SUBMITTED BY THE VILLAGE EXHIBIT R6(a) OFFICER, KOPPAM

TRUE COPY OF THE PHOTOGRAPH SHOWING THE PADDY FIELDS SURROUNDING THE PETITIONER EXHIBIT R6(b) PROPERTY