High Court of KeralaWP(C)/5022/2015disposed of

Yousaf v. The District Collector, Idukki

2015-04-01Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 5022 of 2015 (C) --------------------------- PETITIONER :

--------------------- YOUSAF, AGED 46 YEARS S/O.IBRAHIM, KAVATTU HOUSE, UDUMBANNOOR VILLAGE UDUMBANNOOR P.O., IDUKKI DISTRICT, PIN-685 595. BY ADVS.SRI.R.ABDUL AHAD SRI.JAMSHAD K.

RESPONDENT(S) :

----------------------------

1. THE DISTRICT COLLECTOR, IDUKKI - 685 602.

2. THE TAHSILDAR THODUPUZHA TALUK, IDUKKI DISTRICT-685 584.

3. THE VILLAGE OFFICER UDUMBANNOOR VILLAGE, UDUMBANNOOR P.O., IDUKKI-685 595.

R1 TO R3 BY SR. GOVT. PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, ALONG WITH WP(C). 5111/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5022 of 2015 (C) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1TRUE COPY OF THE REGISTERED SALE DEED NO.1186 IN BLOCK NO.1 OF 2014 OF KARIKODE SUB REGISTRAR OFFICE DATED 28.03.2014.

EXT. P2TRUE COPY OF THE ORDER NO.60/2015 ISSUED BY THE 3RD RESPONDENT DATED 04.02.2015.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). Nos. 5022 & 5111 of 2015 -------------------------------------------- Dated this the 1st day of April, 2015

JUDGMENT

The grievance projected in these writ petitions is having some common connection, which relates to the construction of a Mosque in the property owned by the petitioner in W.P.(C). No.5111 of 2015. The grievance of the petitioner is that, the application preferred before the District Collector for granting necessary relief is still to be finalized, despite the meeting held on 6.2.2014. A copy of the minutes of the meeting held on 6.2.2014 has been produced as Ext.P3 in W.P.(C). No.5111 of 2015.

2. In W.P.(C). No. 5022 of 2015, the petitioner is challenging the stop memo issued by the 3rd respondent vide Ext.P2, intercepting the steps being taken to effect the construction in the concerned property. When the said matter came up for consideration before this Court on 2.3.2014, it was submitted by the learned Government Pleader that as per the report of the Police, there was a threat to the law and order

W.P.C. Nos. 5022 & 5111 of 2015 -2situation in the area as the attempt of the petitioner was to set up a religious place of worship without sanction of the District Collector.

3. Since the issue is pending consideration before the District Collector, there will be a direction to the 1st respondent to consider the proceedings forming subject matter of Ext.P3 in W.P. (C). No. 5111 of 2015 in accordance with law after hearing interested parties, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment. Ext.P2 stop memo issue by the Village Officer in W.P.(C) .No. 5022 of 2015 will continue till such time and further activities, if any, shall be subject to orders to be passed by the District Collector as aforesaid. The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.

Both the writ petitions are disposed of.

P.R. RAMACHANDRA MENON, JUDGE.

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