Single-judge appeal against an interim order directing the appellant to consider purchasing illegally reclaimed paddy land. The Court clarified the nature of the interim order and disposed of the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 18TH DAY OF MARCH 2014/27TH PHALGUNA, 1935 WA.No. 365 of 2014 IN WP(C).4530/2014 -----------------------------------------AGAINST THE INTERIM ORDER IN WP(C) 4530/2014 of HIGH COURT OF KERALA APPELLANT(S)/PETITIONER NO.1: -------------------------------------------------------AFSAL ABDULKHADER, AGED 38, S/O.ABDUL KHADER, VAZHAKALA PARAMBIL, KADOOPADAM U.C.COLLEGE P.O., ALUVA - 2. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S)/RESPONDENTS: ---------------------------------------------------1. DISTRICT COLLECTOR ERNAKULAM, KOCHI - 30. 2. TAHSILDAR ALUVA TALUK OFFICE, ALUVA - 683 101. 3. VILLAGE OFFICER ALUVA, WEST VILLAGE - 683 101 4. SUB INSPECTOR OF POLICE ALUVA - 683 101. 5. SECRETARY KARUMALLOOR GRAMA PANCHAYATH KARUMALLOOR NORTH PARAVOOR - 683 511 6. SUB REGISTRAR ALUVA SUB REGISTRY OFFICE, ALUVA - 683 101 7. MUJEEB, AGED 40 YEARS S/O.MUSTHAFA, KUZHIKADAVIL HOUSE, U.C.COLLEGE P.O. ALUVA - 2.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA 365/2014
APPENDIX
APPELLANT'S EXHIBITS: NIL RESPONDENTS' EXHIBIT:
ANNEXURE R15(a): A TRUE COPY OF THE THANDAPER REGISTER
/true copy/
P.S. to Judge.
K. M. JOSEPH & A. K. JAYASANKARAN NAMBIAR, JJ.
=.===================~=.=
W. A. No. 365 of 2014
=.===================~=.= Dated this the 18th day of March, 2014
JUDGMENT
K. M. JOSEPH, J.
Challenge is against the interim order passed in the writ petition. The writ petitioners have approached this Court under Article 226 of the Constitution of India seeking a direction to the District Collector to take prosecution proceedings against respondents 7 to 15 for illegally reclaimed the paddy land and also for a direction to take prosecution proceedings against persons who fabricated the order of the District Collector produced as Ext.P6.
Writ petitioners are residents of Ward No.XII of Karumalloor Panchat. It is the case of the writ petitioners that when respondents 7 to 12 carried out reclamation of paddy land, they filed representations before the revenue authorities and there is no response. Thereafter, the Village
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Officer issued a stop memo. The writ petitioners submitted that Ext.P6 purported to be issued by the District Collector cancelling the stop memo is actually fabricated. The learned single Judge passed the impugned order. Aggrieved by the above, the 1st writ petitioner has filed the writ appeal.
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Single Judge has ordered is that the appellant is to file an affidavit indicating whether he is willing to purchase the land or not and to maintain it is paddy land for ever. We also leave it open to the appellant to raise all the contentions available before the learned Single Judge.
The appeal is disposed of as above.
K. M. JOSEPH, JUDGE.
A. K. JAYASANKARAN NAMBIAR, JUDGE.
nkm.
Afsal Abdulkhader
District Collector Ernakulam
Tahsildar Aluva
Village Officer Aluva
Sub Inspector of Police Aluva
Secretary Karumalloor Grama Panchayath
K. M. Joseph
A. K. Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
