Petitioner sought writs preventing dispossession regarding land in Kalpetta until acquisition procedures concluded. Court heard matter on 03.08.2020 where petitioner requested withdrawal. Court dismissed the petition as withdrawn.
The writ petition was dismissed as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 03RD DAY OF AUGUST 2020 / 12TH SRAVANA, 1942
WP(C).No.13702 OF 2020(K)
PETITIONER :
RAZAK.P AGED 56 YEARS S/O ABDUL REHMAN,ANUGRAHA NIVAS, PALACHODE,IRINGAL,KOTTAKKAL-673521, KOZHIKODE DISTRICT.
BY ADVS. SRI.K.SHIBILI NAHA SMT.A.LOWSY
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001.
2 THE ASST.ENGINEER, NATIONAL HIGHWAY AUTHORITY OF INDIA(NHAI),KALPETTA.P.O, WAYANAD,PIN-673121.
3 KALPETTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KALPETTA P.O, WAYANAD,PIN-673121.
4 THE SECRETARY, KALPETTA MUNICIPALITY, KALPETTA.P.O,WAYANAD, PIN-673121.
R1 & R2 BY SRI.JESTIN MATHEW - GOVERNMENT PLEADER R3 & R4 BY SRI.MATHEW K PHILOP - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.13702 OF 2020(K)
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JUDGMENT
The petitioner, who is stated to be in possession and
ownership of land comprised in Re-survey Nos.183/100, 183/163, 183/164, 183/167, 183/168, 183/34, 183/66, 183/74 and 183/82 in Block No.20 of Kalpetta Village, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent not to proceed with the marking and measurement of his property covered by Ext.P1 possession certificate dated 25.06.2020 and Ext.P2 basic tax receipt dated 27.06.2020 or initiate any coercive steps to dispossess him or his tenants, pending disposal of this writ petition. The petitioner has also sought for a writ of mandamus commanding respondents 2 and 4 to consider Exts.P3 and P4 representations, as expeditiously as possible; a declaration that evicting and dispossessing the petitioner from his premises otherwise than by due process of law is illegal and opposed to Article 21 and Article 300A of the Constitution of India; a direction to respondents 3 and 4 not to initiate any acquisition proceedings otherwise than in accordance with the provisions of the National
WP(C).No.13702 OF 2020(K)
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Highways Act, 1956; a writ of mandamus commanding the respondents to defer all actions to physically dispossess him/his tenant occupying building bearing Nos.12/339A, 12/339B, 12/339C, 12/339D, 12/339E of Kalpetta Municipality situated in the aforesaid Re-survey Numbers covered by Exts.P1 and P2; and a declaration that no steps for eviction or dispossession is permissible under law otherwise than by granting an opportunity to prove his lawful possession by effecting survey in the presence of all concerned.
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it is submitted by the learned counsel for the petitioner that the petitioner does not want to prosecute this writ petition further and therefore, the same may be dismissed as withdrawn.
Recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/3/8
1 issue framed by the court
Whether the writ petition filed by the petitioner should be dismissed as withdrawn.
1 provisions across 1 enactments
Razak.P
State of Kerala
The Asst.Engineer, NHAI
Kalpetta Municipality
The Secretary, Kalpetta Municipality
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
