The Kerala High Court dismissed the writ petition as not pressed, having granted liberty to the petitioners to approach the appropriate forum for their matter.
Writ petition dismissed as not pressed with liberty to prosecute in the appropriate forum.
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 N.NAGARESH
MONDAY, THE 11TH DAY OF JANUARY 2021/21TH POUSHA, 1942
WP(C).No.22989 OF 2019(W)
PETITIONERS:
1 KONARI HAMZA KOYA, AGED 62 YEARS, SON OF ALAVI HAJI, KONARI HOUSE, KODAKKAD POST-676319, THIRURANGADI, MALAPPURAM DISTRICT.
2 KONARI MOHAMMED, SON OF ALAVI HAJI, KONARI HOUSE, KODAKKAD POST-676319, THIRURANGADI, MALAPPURAM DISTRICT.
3 KONARI JAMEELA, DAUGHTER OF ALAVI HAJI, KONARI HOUSE, KODAKKAD POST-676319, THIRURANGADI, MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.K.VIJAYAMOHANAN SMT. AISWARYA V.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR MALAPPURAM, CIVIL STATION, MALAPPURAM-676505.
5 THE KERALA STATE COMMISSION FOR SCHEDULED CASTES AND SCHEDULED TRIBES, REPRESENTED BY ITS REGISTRAR, AYYANKALI BHAVAN, KANAKA NAGAR, VELLAYAMBALAM, KAWDIAR POST, THIRUVANANTHAPURAM-695003.
WP(C)No.22989/2019(W)
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6 MOHANAN.V., PANACHIKKAL HOUSE, KODAKKAD POST-676319, TIRURANGADI, MALAPPURAM DISTRICT.
R5 BY ADV. SMT.MARY BENJEMIN, SC R6-7 BY ADV. SRI.M.T.BALAN R1-4 GOVERNMENT PLEADER SMT. RASHMI K.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 11th day of January, 2021
The learned counsel for the petitioner submits that
the petitioners want to withdraw the writ petition with liberty to prosecute the case before the Kerala State Commission for Schedules Castes and Scheduled Tribes or before other appropriate forum. A memo has been filed to that effect. Granting the liberty sought for, the writ petition is dismissed as not pressed.
Sd/- N. NAGARESH JUDGE
SR
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.6870239 DATED 30.6.2014 ISSUED TO THE 1ST PETITIONER IN RESPECT OF THE 42.91 ARE IN RE SURVEY NO.656/15 OF ARIYALLUR VILLAGE, TIRURANGADI TALUK. EXHIBIT P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.6870331 DATED 3.6.2014 ISSUED TO THE 2ND PETITIONER IN RESPECT OF THE 46.15 ARE IN RE SURVEY NO.656/16 OF ARIYALLUR VILLAGE, TIRURANGADI TALUK.
EXHIBIT P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.6870203 DATED 30.6.2014 ISSUED TO THE 3RD PETITIONER IN RESPECT OF THE 36 ARE IN RE SURVEY NO.656/1 OF ARIYALLUR VILLAGE, TIRURANGADI TALUK. EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 28.11.2017 OF THE 5TH RESPONDENT COMMISSION ON COMPLAIN NO.4337/A3/2014/MLPM/KSCSCST.
KONARI HAMZA KOYA
KONARI MOHAMMED
KONARI JAMEELA
THE DISTRICT COLLECTOR MALAPPURAM
THE REVENUE DIVISIONAL OFFICER, TIRUR
THE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER, MALAPPURAM
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
