Nadakalathil Yusuf v. Additional District Magistrate, Malappuram
Kerala HCWP(C)/3188/2012
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
TUESDAY, THE 13TH DAY OF MARCH 2012/23RD PHALGUNA 1933
WP(C).No. 3188 of 2012 (W)
PETITIONER(S):
1. NADAKALATHIL YUSUF, S/O.LATE HAMZA, PALLIKUNNU, ARUKKUPARAMBA, PERINTHALMANNA, MALAPPUARAM DISTRICT-679 322.
2. NADAKALATHIL UMMUSULMU, D/O.LATE HAMZA (L), PALLIKUNNU, ARUKKUPARAMBA, PERINTHALMANNA, MALAPPUARAM DISTRICT-679 322.
3. NADAKALATHIL SOUDA, D/O.LATE HAMZA, PALLIKUNNU, ARUKKUPARAMBA, PERINTHALMANNA, MALAPPUARAM DISTRICT-679 322.
BY ADVS.SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN SMT.D.S.THUSHARA
RESPONDENT(S):
1. ADDITIONAL DISTRICT MAGISTRATE, MALAPPURAM - 676 505.
2. THE VILLAGE OFFICER, ARUKKUPARAMBA, MALAPPURAM DISTRICT-679 322.
3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICITY SUB DIVISION, KERALA STATE ELECTRICITY BOARD, PERINTHALMANNA-679 322.
4. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 001.
5. NADAKALATHIL MOHAMMED SALIH, PALLIKUNNU, ARAKKAPRAMBA, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322.
R1 & R2 BY GOVERNMENT PLEADER R3 & R4 BY ADV. SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB BY ADV. SRI.ALEX THANNIPPILLY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss
WPC.NO.3188/2012 W
APPENDIX
PETITIONER'S EXHIBITS:
EXHIHBIT P1. TRUE COPY OF THE DOCUMENT NO.2172/1/09 DATED 4/5/2009 OF SRO MELATTUR. EXHIHBIT P2. TRUE COPY OF THE LAST BASIC TAX RECEIPTS NO.6634796 6634800, ,6634799 DATED 16/07/2011.
EXHIHBIT P4. TRUE COPY OF THE NO.K.DIS 27878/11/E3 DATED 18/1/2012 OF THE 1ST RESPONDENT. EXHIHBIT P5. TRUE COPY OF A ROUGH STETCH OF THE PATHWAY AND THE PROPERTIES OF THE PETITIONERS AND 5TH RESPONDENT.
RESPONDENTS' EXHIBITS:
R3(A): COPY OF THE ROUGH SKETCH OF THE ROUTE.
/TRUE COPY/
P.A.TO JUDGE
Kss
B.P.RAY, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C)No.3188 OF 2012
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of March, 2012
JUDGMENT
Heard learned counsel for the parties and perused the materials available on record.
i) to issue a writ of certiorari or any other appropriate writ, order or directions calling for the records leading to Ext.P4 and quash the same.
ii) to issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents 1 to 4 not to draw any line through the property covered by Ext.P1 and as proposed in Ext.P4 order and orders may be passed accordingly;
iii) to isue a writ of mandamus or any other appropriate writ or order or direction directing the second respondent to file an affidavit in this honourable court as to the materials relied on by him to file a report to the effect that the petitioners property is a public road with a copy of the report filed before the first respondent;
Accordingly, writ petition is closed.
B.P.RAY, JUDGE
jes
2 issues framed by the court
Whether Additional District Magistrate shall consider an application for shifting the boundary line without being influenced by the earlier order.
Whether to quash the order drawing a line through the petitioners' property in pursuance to Ext.P4.
Nadakalathil Yusuf, Nadakalathil Ummusulmu, Nadakalathil Souda
Additional District Magistrate, Malappuram
Village Officer, Arukkuparamba
Assistant Executive Engineer, Electricity Sub Division
Kerala State Electricity Board
Nadakalathil Mohammed Salih
B.P. Ray
As recorded by the court registry
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