Saidalavi v. The Village Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 39264 of 2015 (G) ------------------------------------------- PETITIONER(S) :

-------------------------- SAIDALAVI, AGED 66 YEARS, S/O.SAIDALIKUTTY, NELLIKKAL HOUSE, CHOMERI GARDEN, ARAKKRUSSI AMSOM, PERIMBADARI DESOM, MANNARKKAD TALUK, POST MANNARKKAD, PIN- 678 582.

BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S) :

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

1. THE VILLAGE OFFICER, MANNARKKAD-I VILLAGE OFFICE, POST MANNARKKAD, PALAKKAD DISTRICT, PIN- 678 582.

2. THE ADDITIONAL TAHSILDAR, MANNARKKAD TALUK, (POST) MANNARKKAD, PALAKKAD DISTRICT, PIN- 678 582.

3. THE REVENUE DIVISIONAL OFFICER, OTTAPALAM, PIN- 679 101.

4. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD, PIN- 678 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 39264 of 2015 (G) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

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

TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31-05-2001 ISSUED BY THE VILLAGE OFFICER, MANNARKKAD VILLAGE OFFICE-1.

EXHIBIT P2:

TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, MANNARKKAD VILLAGE OFFICE-1,DATED 29-05-2001 IN RESPECT OF THE SAID PROPERTY.

EXHIBIT P3:

TRUE COPY OF THE NOTICE DATED 14-09-2015 ISSUED TO THE PETITIONER BY ADDITIONAL TAHSILDAR, MANNARKKAD U/S. 12 OF THE KERALA LAND CONSERVANCY(AMENDMENT) ACT, 2009.

EXHIBIT P4:

TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25-09-2015.

EXHIBIT P5:

TRUE COPY OF THE NOTICE DATED 18-12-2015 ISSUED IN C. FORM II RULE OF THE KERALA LAND CONSERVANCY RULES BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 39264 of 2015 ================== Dated this the 22nd day of December, 2015

J U D G M E N T

The petitioner has approached this Court challenging notices issued under the Kerala Land Conservancy Act. The petitioner submits that he has raised Ext.P4 objection and without considering the objection, proceedings are being initiated.

2.

This Court is of the view that the Tahsildar shall pass order after hearing the petitioner and adverting to Ext.P4 objection within the period of one month from the date of receipt of the copy of this judgment. Till a final decision is taken in this matter, status quo shall be maintained.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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