High Court of KeralaWP(C)/22910/2015disposed of

Abdul Jabbar v. State Of Kerala

2015-09-25Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 22910 of 2015 (K) ------------------------------------- PETITIONER(S):

-------------------------- ABDUL JABBAR, S/O.SAINUDHEEN HAJI, IKKARAKUDI HOUSE, U.C.COLLEGE, VELIYATHUNAD KARA, KARUMALLOOR VILLAGE, PARUR TALUK, ERNAKULAM DISTRICT.

BY ADVS.SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ RESPONDENT(S):

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

1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF IRRIGATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM 695 001.

3. THE EXECUTIVE ENGINEER, PERIYAR VALLEY IRRIGATION PROJECT, DIVISION NO.II, ALUVA.

4. THE EXECUTIVE ENGINEER, PWD ROADS DIVISIONS, THRIKKAKARA PO, ERNAKULAM 682 021.

5. THE ASSISTANT ENGINEER PWD BRIDGES SUB DIVISION, NORTH PARAVUR.

6. THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD.

* ADDL.R7 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI- 682 001 *ADDL.R7 IS IMPLEADED AS PER THE ORDER DATED 25/9/2015 R2-R5 BY ADV. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL R1 & R6 BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22910 of 2015 (K) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE PHOTOGRAPH OF THE NEWLY CONSTRUCTED ROAD ON THE EASTERN SIDE OF THE PETITIONER'S PROPERTY.

EXHIBIT P1(A)- TRUE PHOTOGRAPH OF THE NEWLY CONSTRUCTED ROAD ON THE EASTERN SIDE OF THE PETITIONER'S PROPERTY.

EXHIBIT P1(B)- TRUE PHOTOGRAPH OF THE NEWLY CONSTRUCTED ROAD ON THE EASTERN SIDE OF THE PETITIONER'S PROPERTY.

EXHIBIT P2- TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP NO.23299 OF 2014 EXHIBIT P3- TRUE COPY OF THE ORDER DATED 5.11.2014 OF THIS HON'BLE COURT TIN R.P. NO.765 OF 2014 IN WP BNO.23299 OF 2014 EXHIBIT P4- TRUE COPY OF THE JUDGMENT DATED 5.1.2015 IN WRIT APPEAL NO.1998 OF 2014 EXHIBIT P5- TRUE COPY OF THE NOTICE DATED 9.12.2014 OF THE ASSISTANT EXECUTIVE ENGINEER, PVIP SUB DIVISION, NO.IV , ALUVA. EXHIBIT P6- TRUE COPY OF THE NOTICE PUBLISHED IN CONNECTION WITH THE INAGURATION OF THE "MARIAPPADY -PERIYAR VALLY CANAL ROAD. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE

A.MUHAMED MUSTAQUE, J.

--------------------------------------- W.P.(C).No.22910 of 2015 ---------------------------------------- Dated this the 25th day of September, 2015

JUDGMENT

I.A No. 13815 of 2015 Additional documents are received. However, in view of the final judgment is being disposed. Interim relief sought for in the I.A is closed.

W.P.(C).No.22910 of 2015 The petitioner, as against Ext.P7 order passed under the Land Conservancy Act, has approached the Revenue Divisional Officer, the additional 7th respondent, this Court is of the view that the appeal shall be considered by the 7th respondent after hearing the petitioner within a period of one month from the date of receipt of a copy of this judgment. It is also open for the petitioner to move any stay application before the 7th respondent and stay petition shall be considered within one week.

W.P.(C).No.22910 of 2015

2. For a period of one week, status quo shall be maintained.

The writ petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE JUDGE