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High Court of KeralaWP(C)/2725/2015disposed of

Abdul Vahid v. State Of Kerala

2015-02-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).No. 2725 of 2015 (M) --------------------------- PETITIONERS:

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1. ABDUL VAHID, AGED 60 YEARS, S/O.MOHAMMED IBRAHIM, SHAHIDA MANZIL, (KARIVILAKOM VEEDU), THOTTAKAD P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.

2. RAMLA BEEVI, W/O.ABDUL VAHID, AGED 51 YEARS, SHAHIDA MANZIL, (KARIVILAKOM VEEDU), THOTTAKAD P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.

3. ANWAR, S/O.ABDUL VAHID, AGED 31 YEARS, SHAHIDA MANZIL, (KARIVILAKOM VEEDU), THOTTAKAD P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.

4. JABIR S., AGED 41 YEARS, S/O.SHAMSUDEEN, POOVATTU VEEDU, PALACHIRA P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.M.SREEKUMAR SRI.A.ABDUL KHARIM RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY ADDL. CHIEF SECREETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM - 695 043.

3. DEPUTY COLLECTOR (LAND ACQUISITION), COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM 695 043.

4. THE ADDITIONAL TAHSILDAR, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT . 695541

5. DISTRICT SURVEY OFFICER, THIRUVANANTHAPURAM 695001.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2725 of 2015 (M) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPYOF THE NOTES NO.B15-77752/08 DATED 4.10.2008 OF THE 3RD RESPONDENT EXHIBIT P2 - TRUE COPY OF U.O.NOTE NO.K4-25764/08 (1) DATED 6.8.2009 OF THE 3RD RESPONDENT EXHIBIT P3 - TRUE COPY OF JUDGMENT OF THIS HONOURABLE COURT IN WP (C) NO.7784/2011 DATED 1.4.2011 EXHIBIT P4 - RUE COPY OF THE NOTIFICATION NO.14744 G2/2008/H.EDN DATED 20.9.2010 PUBLISHED IN KERALA GAZETTE NO.2264 EXHIBIT P5 - TRUE COPY OF THE LETTER NO.K4-25764/08 DATED 19.12.11 ISSUED FROM THE 2ND RESPONDENT EXHIBIT P6 - TRUE COPY OF THE LETTER NO.26176/U3/2009/RD DATED 4.1.2012 ISSUED FROM 1ST RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P7 - TREU COPY OF THE PROCEEDINGS NO.B8-85534/2007 DATED 23.3.2013 OF THE 2ND RESPONDNENT EXHIBIT P8 - TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT IN WP (C) NO.

22601/2013 DATED 28.11.2013 EXHIBIT P9 - TRUE COPY OF PROCEEDINGS NO.K4-25764/08 (1) DATED 1..2014 ISSUED FROM THE 2ND RESPONDENT EXHIBIT P10 - TRUE COPY OF THE APPLICATION FILED BY 1ST PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE THE PUBLIC INFORMATION OFFICER OF 4TH RESPONDENT DATED 8.12.2014 EXHIBIT P11 - TRUE COPY OF THE LETTER NO.G4-9587/14, 9586/14, 9582/14 DATED 20.11.2014 EXHIBIT P12 - TRUE COPY OF APPLICATION OF 3RD PETITIONER NO.9582/14 DATED 20.3.2014 EXHIBIT P13 - TRUE COPY OF APPLICATION OF 2ND PETITIONER NO.9586/14 DATED 20.3.2014 EXHIBIT P14 - TRUE COPY OF APPLICATION OF 1ST PETITIONER NO.9587/14 DATED 20.3.2014 RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 2725 OF 2015 ------------------------------------ Dated this the 6th day of February, 2015

JUDGMENT

Exts. P12, P13 and P14 applications put in by the petitioners for correction of resurvey records are pending. The same addressed to the fourth respondent have been made over to the second respondent evident by Ext.P11 letter. The petitioners contend that their entitlement for land acquisition compensation would be dependent on the orders passed on Exts.P12 to P14 applications. The Government Pleader has a contention that the lands involved is the government puramboke. 2.

All these are matters to be considered by the second respondent who is in seizin the matter. I direct the second respondent to consider Exts.P12 to P14 applications with notice to the petitioners. The needful shall be done within a period of one month from the date of production of a copy of this judgment.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd