Disposed

K.C.Mohammed v. District Collector, Palakkad

Kerala HC11 Nov 2020WP(C)/21712/2017

Case brief

AI extract

What is this about?

The petitioner alleged delay in evicting a respondent allegedly encroaching public land. The Court directed the Sub Collector to dispose of a pending revenue appeal within three months pending its outcome before finally disposing of the writ petition.

What did the court decide?

Directed the 2nd respondent to dispose the revenue appeal of the 7th respondent within three months.

K.C.Mohammed Vs District Collector, Palakkad — Public Procurement and Tenders | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942

¶5

WP(C).No.21712 OF 2017(L)

¶6

PETITIONER:

¶7

K.C.MOHAMMED

¶8

S/O ABDU RAHIMAN MUSALIAR,KANNAMCHATH VEEDU,VALLAPUZHA AMSOM DESOM,PATTAMBI TALUK, PALAKKAD DISTRICT.

¶9

BY ADV. SRI.P.JAYARAM

¶10

RESPONDENTS:

¶11

1 DISTRICT COLLECTOR, PALAKKAD 678001.

¶12

2 THE SUB COLLECTOR OTTAPALAM-679101.

¶13

3 THE TAHSILDAR PATTAMBI-679303.

¶14

4 THE VILLAGE OFFICER VALLAPPUZHA-679336.

¶15

5 VALLAPUZHA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,P.O. VALLAPUZHA, PIN679336.

¶16

6 THE SECRETARY VALLAPUZHA GRAMA PANCHAYAT,P.O. VALLAPUZHA, PIN679336.

¶17

7 AMINA UMMA W/O LATE MUHAMMED,KURUVAKULAM VEEDU,VALLAPPUZHA AMSOM DESOM,P.O.VALLAPPUZHA, PATTAMBI TALUK,PALAKKAD DISTRICT, PIN-679336.

¶18

8 STATE OF KERALA REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695001.

¶19

WP(C).No.21712 OF 2017(L)

¶20

¶21

BY GOVERNMENT PLEADER BY ADV. SRI.K.I.ABDUL RASHEED BY ADV. SRI.R.SREEHARI BY ADV. SRI.SACHIN VYAS

¶22

ADV. SRI.S GOPINATHAN SR GP

¶23

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

WP(C).No.21712 OF 2017(L)

¶25

¶26

JUDGMENT

¶27

Dated this the 11th day of November 2020

¶28

The petitioner approached this Court alleging that there is a considerable delay on the part of the 6^th respondent to evict the 7^th respondent, who allegedly encroached upon public land in Re-survey No.437/13 of Block No.34 of Vallapuzha Village.

¶29

As seen from Ext. R7(b) produced before this Court as against Ext.P5 order passed under the Kerala Land Conservancy Act, 1957, the 7^th respondent had preferred an appeal before the Revenue Divisional Officer, Ottappalam.

¶30

Considering the case as above, it is appropriate to direct the 2^nd respondent to dispose the appeal within a period of three months after hearing the petitioner and respondents 6 and 7. Further action would be depend upon the outcome of the decision taken on Ext.R7(b).

¶31

The writ petition is disposed of as above.

¶32

Sd/-

¶33

A.MUHAMED MUSTAQUE

¶34

JUDGE

¶35

SAS/11/11/2020

¶36

WP(C).No.21712 OF 2017(L)

¶37

¶38

APPENDIX OF WP(C) 21712/2017

¶39

PETITIONER'S EXHIBITS:

¶40

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 11.10.2011 IN F.7367/2011 ON THE FILES OF SUB COLLECTOR, OTTAPALAM.

¶41

EXHIBIT P2 TRUE COPY OF THE REPORT DATED 4.12.2012 PREPARED BY VILLAGE OFFICER, VALLAPUZHA. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 1.4.2016 IN WPC NO.12751/2016, HIGH COURT OF KERALA. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 7.9.2016, NO.F 3873/2012 ISSUED BY SUB COLLECTOR, OTTAPALAM. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 7.11.2016, NO.F1-5234/15(1) ISSUED BY ADDITIONAL TAHSILDAR, PATTAMBI WITH PLAN OF THE ENCROACHED LAND. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 19.5.2017, NO.A2.1647/2017 ISSUED BY THE SECRETARY, VALLAPUZHA GRAMA PANCHAYAT.

¶42

RESPONDENTS' EXHIBITS:-

¶43

EXHIBIT R7A PHOTOCOPY OF JUDGMENT IN W.P.(C) NO.5784/2017 DT.02.03.2017 OF THIS HONOURABLE COURT EXHIBIT R7B PHOTOCOPY OF APPEAL NO.F 5325/2017 FILED BEFORE THE RDO OTTAPALAM.

¶44

//TRUE COPY// P.A TO JUDGE

K.C.Mohammed v. District Collector, Palakkad

Case brief

What is this about?

What did the court decide?

K.C.Mohammed v. District Collector, Palakkad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Joy Varghese Vs the District Collector

Shanavas.P.S Vs the Revenue Divisional Officer

Patric D' Coutho Vs Alappuzha Municipality

Pramod Kumar S.N., Vs State of Kerala

Aji C Vs Vaikom Municipality

Aji C. Vs Vaikom Municipality