High Court of KeralaWP(C)/6174/2015disposed of

T.A.Zakeer v. District Collector, Idukki

2015-03-19Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 WP(C).No. 6174 of 2015 (V) --------------------------- PETITIONER(S):

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1. T.A.ZAKEER, S/O.ABOOBACKER, THANNIKKAL HOUSE, THODUPUZHA EAST & POST, THODUPUZHA.

2. SHIYAS, S/O.HAMEED, MARAVETTIKKAL HOUSE, THODUPUZHA EAST & POST, THODUPUZHA

3. NIZAMUDHEEN P.P, S/O.PAREEKUTTY, PADIPURACKAL HOUSE, THODUPUZHA EAST & POST, THODUPUZHA.

BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY MOHAMMED ABBAS M.I.

RESPONDENT(S):

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1. DISTRICT COLLECTOR, IDUKKI - 685501.

2. THE VILLAGE OFFICER, THOUDUPUZHA - 685584.

3. THE REVENUE DIVISIONAL OFFICER, THODUPUZHA - 685584.

BY SPECIAL GOVERNMENT PLEADER SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6174 of 2015 (V) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1 :

A TRUE COPY OF THE SALE DEED NO.1970 DATED 02.07.2012. EXHIBIT P2 :

A TRUE COPY OF THE BASIC TAX RECEIPT NO.4413802 DATED 8.8.2012.

EXHIBIT P3 :

A TRUE COPY OF THE JUDGMENT DATED 11.9.2013 IN W.P.(C)NO.8164 OF 2013.

EXHIBIT P4 :

A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT. EXHIBIT P5 :

A TRUE COPY OF THE ARGUMENT NOTE DATED 21.5.2014 BY THE COUNSEL FOR THE PETITIONERS.

EXHIBIT P6 :

A TRUE COPY OF THE REPORT OF THE AGRICULTURAL FIELD OFFICER, THODUPUZHA DATED 9.11.2012.

RESPONDENT(S)' EXHIBITS:

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

P.R.RAMACHANDRA MENON, J.

----------------------------------------- W.P.(C).No.6174 of 2015 ----------------------------------------- Dated this the 19th day of March, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

Declare that the provisions of the Wet Land Act are not applicable to the property covered by Ext.P1 document.

ii.

Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents to pass final orders on the application submitted by the petitioners and pursuant to the hearing conducted as evidence by Ext.P4 notice. iii.

Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents to allow the petitioners to level the land and put up construction over the same without insisting on any permission.

2. The learned counsel for the petitioners points out that inspite of the specific direction given by this Court as per Ext.P3 judgment dated 11.9.2013 in W.P.(C) No.8164 of 2013 and the notice of hearing given to the petitioners vide Ext.P4, the proceedings were not finalized by the first respondent. It is in the

W.P.(C).No.6174 of 2015 said circumstances, that the petitioners are constrained to approach this Court by filing the writ petition.

3. The learned Special Government Pleader submits on instructions that pursuant to the judgment and notice of hearing as aforesaid the matter was heard and final orders were passed, rejecting the application preferred by the petitioners under the relevant provision of the Kerala Land Utilistion Order. It is also stated that a copy of the order bearing No.C9-15147/2014 dated 31.8.2014 was forwarded to the petitioners on 11.12.2014. A copy of the order is handed over to the learned counsel for the petitioners by the learned Special Government Pleader. In the above circumstances, the writ petition is disposed of without prejudice to the rights and liberties of the petitioners to challenge the said order, in accordance with the relevant provisions of law.

Sd/- P.R.RAMACHANDRA MENON, JUDGE.

rkc.