High Court of KeralaWP(C)/35927/2015disposed of

Shareef K v. The District Collector, Palakkad

2015-11-27Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 WP(C).No. 35927 of 2015 (M) ---------------------------- PETITIONER:

------------------ SHAREEF K, AGED 45 YEARS, S/O.KUNHALAN KUTTY, KANKUNNATHU HOUSE, CHITTAPPURAM, P.O.PATTITHARA, PALAKKAD DISTRICT, PIN - 679 534. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, PALAKKAD, PALAKKAD - 678 001.

2. DEPUTY COLLECTOR(LR), PALAKKAD, PALAKKAD - 678 001.

3. ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, TRITHALA, P.O.TRITHALA, PALAKKAD DISTRICT - 679 534.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35927 of 2015 (M) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE PARTITION DEED 3205/04 BEFORE THE S.R.O, TRITHALA.

EXT. P2 :

TRUE COPY OF THE NOTICE DATED 19.11.2015 ISSUED BY THE 3RD RESPONDENT.

EXT. P3 :

TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED 5.11.2015.

RESPONDENTS' EXHIBITS:

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

A. MUHAMED MUSTAQUE, J --------------------------------------------------------- W.P.(C).No. 35927 of 2015 --------------------------------------------------------- Dated this the 27th day of November, 2015

JUDGMENT

The petitioner is the owner of the land and property with a total extent of 18.6 Ares in R.S.No.262/3, 262/2 and 262/1B of Pattithara Village, Aaloor Desom, Ottappalam Taluk in Palakkad District.

2. The petitioner submits that this is a garden land, he needs to construct a house therein.

3. The petitioner approached this Court being aggrieved by the order of the District Collector allowing flow of water from canal in connection with Trithala Lift Irrigation Project through the petitioner's property. He also submits that this order is passed without hearing him.

4. This Court is of the view that if the petitioner has any objection, the petitioner shall appear before the

W.P.(C).No. 35927 of 2015 -2District Collector and raise such objection. Certainly, the District Collector will consider such objection. Therefore, the writ petition is disposed of with the following directions :

The petitioner shall appear before the District Collector on 03.12.2015 at 11 a.m. and shall raise his objection. The District Collector shall consider the objection and pass appropriate orders.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr