Petitioner sought mandamus to expedite an appeal against an impugned order and to hold further actions in abeyance. The single judge declined to examine merit, directing the petitioner to pursue the pending appeal and leave contentions open.
Court dismissed the writ petition and left all contentions open for the appellate authority to consider.
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 P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 17748 OF 2021
PETITIONER:
MUHAMMED K.P. AGED 62 YEARS S/O.IBRAHIM, PARAKKOLIL HOUSE, EDASSERIKADAVU, CHEEKKODE P.O., MALAPPURAM DISTRICT. BY ADV K.RAKESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, UP-HILL, MALAPPURAM, PIN -676 505. 2 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, TIRUR, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 101. 3 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, CHEEKKODE, CHEEKKODE P.O., MALAPPURAM DISTRICT, PIN- 673 640. 4 THE VILLAGE OFFICER CHEEKKODE, CHEEKKODE P.O., MALAPPURAM DISTRICT, PIN - 673 640. 5 SUHARA W/O.ABOOBACKER SIDHIQ, KARANATH HOUSE, CHEEKKODE P.O., MALAPPURAM DISTRICT, PIN - 673 640. BY ADVS.VIDYA KURIAKOSE, GOVT. PLEADER SANTHOSH MATHEW ARUN THOMAS JENNIS STEPHEN KARTHIKA MARIA ANIL SEBASTIAN PULICKEL JAISY ELZA JOE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.17748/2021
2
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.17748 of 2021
---------------------------------------------Dated this the 06th day of October, 2021
JUDGMENT
This writ petition is filed with following prayers:
3
W.P.(C).No.17748/2021
Admittedly the petitioner filed Ext.P7 appeal before the 1st respondent against Ext.P6 order.
With the above observation, this writ petition is disposed
of.
Sd/- P.V.KUNHIKRISHNAN JUDGE
JV
W.P.(C).No.17748/2021
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APPENDIX OF WP(C) 17748/2021
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE COMPLAINT DATED 23/10/2019 SUBMITTED BY THE PETITIONER AND ANOTHER PERSON OF THE LOCALITY BEFORE THE FIRST RESPONDENT. |
|---|---|
| Exhibit P2 | TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE ILLEGAL RECLAMATION OF THE PADDY LAND. |
| Exhibit P3 | TRUE COPY OF THE ORDER DATED 9/12/2019 ISSUED BY THE 2ND RESPONDENT. |
| Exhibit P4 | TRUE COPY OF THE ORDER DATED 3/3/2020 ISSUED BY THE 2ND RESPONDENT. |
| Exhibit P5 | TRUE COPY OF THE REPORT SUBMITTED BY THE AGRICULTURAL OFFICER TO THE 2ND RESPONDENT. |
| Exhibit P6 | TRUE COPY OF THE ORDER DATED 28/5/2021 ISSUED BY THE 2ND RESPONDENT AS FILE NO.RDOTIR/832/2021-J1. |
| Exhibit P7 | TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 4/8/2021. |
RESPONDENTS' EXHIBITS
| EXHIBIT | R5(1) TRUE COPY OF THE NOTIFICATION PUBL IN THE KERALA GAZ GRAMA PANCHAYAT |
CORRECTION ISHED ON 15.07.2021 ETTE BY THE CHEEKKODE |
|---|---|---|
| EXHIBIT | R5(2) TRUE COPY OF THE THE VILLAGE OFFIC IN RELATION TO 0. SITUATED IN RESUR BY THANDAPER NO.2 |
BTR EXTRACT ISSUED BY ER, CHEEKODE VILLAGE 4560 HECTARES OF LAND VEY NO.230/3 COVERED 086 |
| EXHIBIT | R5(3) TRUE COPY OF LATE 16.4.2021 ISSUED OFFICE, CHEEKKODE |
ST TAX RECEIPT DATED BY THE VILLAGE |
| EXHIBIT | R5(4) TRUE COPY OF THE CERTIFICATE ISSUE OFFICER, CHEEKKOD |
POSSESSION D BY THE VILLAGE E, ON 03.02.2021 |
| EXHIBIT | R5(5) TRUE COPY OF THE NO.47/2020/TAXES PUBLISHED IN THE 03.04.2020 |
G.O(P) DATED 31.03.2021 KERALA GAZETTE ON |
W.P.(C).No.17748/2021
5
EXHIBIT R5(6) TRUE COPY OF THE CERTIFICATE DATED 27.04.2021 ISSUED BY THE PRESIDENT OF THE CHEEKKODE GRAMA PANCHAYAT EXHIBIT R5(7) TRUE COPY OF APPLICATION FILED BY THE 5TH RESPONDENT IN FORM 6.A UNDER RULE 12(1) EXHIBIT R5(8) TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER TO THE RDO ON 23.03.2021
1 issue framed by the court
Whether the Court should consider the legality of Exhibit P6 order immediately upon filing of an appeal (Exhibit P7).
1 provisions across 1 enactments
M. K. P.
The District Collector, Kollam
The Revenue Divisional Officer, Tirur
The Local Level Monitoring Committee, Cheekkode
The Village Officer, Cheekkode
Suhara
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
