Khadeeja K.T v. The District Collector, Kannur

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).No.3193 of 2015 (Y) ------------------------------------- PETITIONER:

------------------- KHADEEJA K.T,W/O.MUHAMMED KUNHI HAJI, AGED 68 YEARS,MAVALAKANDY HOUSE, KAKKAD,KANNUR DISTRICT.

BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENTS:

----------------------- 1.

THE DISTRICT COLLECTOR, KANNUR COLLECTORATE,KANNUR-670 001.

2.

THE CHAIRMAN, LOCAL LEVEL MONITORING COMMITTEE, PUZHATHI GRAMA PANCHAYATH, PUZHATHI,KANNUR-670 002.

3.

THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

R1 & R3 BY GOVT. PLEADER SRI.MOHAMED SHAFI.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3193 of 2015 (Y) ------------------------------------- APPENDIX PETITIONERS EXHIBITS:

----------------------------------- EXT.P1:TRUE COPY OF THE REGISTERED DOCUMENT NO.1484/1979 OF SRO KANNUR.

EXT.P2:TRUE COPY OF THE PURCHASE CERTIFICATE. EXT.P3:TRUE COPY OF THE INTIMATION GIVEN BY THE ASSISTANT EXECUTIVE ENGINEER,TRANSMITION CONSTRUCTION,KANNUR.

EXT.P4:TRUE COPY OF THE STOP MEMO ISSUED BY THE VILLAGE OFFICER, PUZHATHI.

EXT.P5:TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P6:TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 7/1/2015.

EXT.P7:TRUE PHOTOGRAPHS SHOWING THE DRAWAL OF ELECTRIC LINE AND LIE AND CONDITION OF THE PETITIONER'S PEROPERTY. EXT.P8:TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE SECRETARY,AGRICULTURE DEPARTMENT,GOVERNMENT OF KERALA. RESPONDENTS EXHIBITS:

NIL -------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 3193 of 2015 -------------------------------------------- Dated this the 6 th day of February, 2015

JUDGMENT

The petitioner is stated as aggrieved of Ext.P6 order dated st respondent in exercise of power 7.01.2015 passed by the 1 under Section 13 of the Act 28 of 2008, whereby restoration of property has been ordered.

2. The case of the petitioner is that, the property concerned is not a paddy land or wet land and was never remaining as so as on the date of commencement of the Act 28 of 2008. After filing rd respondent by the writ petition, the petitioner has moved the 3 filing a revision petition under Section 28 of the aforesaid Act, a copy of which has been produced as Ext.P8 along with I.A. No. 1839 of 2015.

3. After hearing the learned counsel for the petitioner and also the learned Government Pleader, the writ petition is rd respondent to consider and pass disposed of, directing the 3 appropriate orders on Ext.P8 in accordance with law after affording an opportunity of hearing to the petitioner at the

W.P.C. No. 3193 of 2015 -2earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment. 'Status quo' shall be maintained till such time.

The petitioner shall produce a copy of the judgment along with a copy of the writ petition and I.A before the third respondent for further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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