High Court of KeralaWP(C)/14707/2015disposed of

Mohammed Ali v. State Of Kerala

2015-05-19Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 19TH DAY OF MAY 2015/29TH VAISAKHA, 1937 WP(C).No. 14707 of 2015 (K) ---------------------------- PETITIONER(S):

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1. MOHAMMED ALI, AGED 47 YEARS S/O.MOHAMMEDKUTTY, NADAKKAV, PARAMBIL HOUSE EDAKKULAM, THIRUNNAVAYA 676301

2. CP. HAMEED, AGED 51 YEARS S/O.KUNHAHAMMED KUTTY, CHAKKALI PARAMBIL HOUSE EDAKKULAM, THIRUNNAVAYA 676301 BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT 695 001

2. THE COMMISSIONER AGRICULTURAL PRODUCTION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695001

3. THE DISTRICT COLLECTOR MALAPPURAM 676 505

4. THE VILLAGE OFFICER THIRUNNAVAYA, MALAPPURAM DISTRICT 676 301 R BY GOVERNMENT PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14707 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:TRUE COPY OF THE DOCUMENT NO.3723/2013 OF CODAKKAL SRO DATED 13.09.2013 EXT.P2:TRUE COPY OF THE PURCHASE CERTIFICATE NO.4160/1976 ISSUED BY THE LAND TRIBUNAL, MALAPPURAM IN OA.NO.35331975 EXT.P3:TRUE COPY OF THE DOCUMENT NO.3725/2013 OF CODAKKAL SRO DATED 13.09.2013 EXT.P4:TRUE PHOTOGRAPHS OF THE PLOTS EXT.P5:TRUE COPY OF THE PROCEEDINGS NO.B4-1941/2014 DATED 06.05.2014 OF THE 3RD RESPONDENT EXT.P6: TRUE COPY OF THE ORDER DATED 25.03.2015 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER EXT.P7:TRUE COPY OF THE ORDER DATED 25.03.2015 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER EXT.P8:TRUE COPY OF THE REVISION PETITION DATED 07.04.2015 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT EXT.P9:TRUE COPY OF THE REVISION PETITION DATED 07.04.2015 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:

NIL.

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

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.14707 OF 2015 (K) ----------------------------------- Dated this the 19th day of May, 2015

J U D G M E N T

Against Ext.P5 order of the 3rd respondent under the Kerala Conservation of Paddy Land and Wet Land Act, as also Exts.P6 and P7 consequential stop memos issued to the petitioners, the petitioners have preferred Exts.P8 and P9 revision petitions before the 2nd respondent. The limited prayer of the petitioners in the writ petition is for a direction to the 2nd respondent to consider and pass orders on the said revisions expeditiously and to keep in abeyance coercive steps initiated against the petitioners pursuant to Exts.P5, P6 and P7 orders till such time as the revision petitions are disposed by the 2nd respondent.

2. I have heard the learned counsel appearing for the petitioners and also the learned Government Pleader appearing for the respondents.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ

W.P.(C).No.14707/2015 petition with the following directions:

1. The 2nd respondent shall consider and pass orders on Exts.P8 and P9 revision petitions filed before him within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioners.

2.Recovery steps for recovery of amounts confirmed against petitioners pursuant to Exts.P5, P6 and P7 orders shall be kept in abeyance till orders are passed by the 2nd respondent as directed above and communicated to the petitioners.

A.K.JAYASANKARAN NAMBIAR JUDGE prp