Hon'ble Court granted permission to withdraw writ petition challenging illegal conversion of paddy and wetlands and dismissed the petition as withdrawn.
Permission to withdraw the writ petition granted.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA, 1943
WP(C) NO. 31402 OF 2017
PETITIONER:
MOHAMMED KUNHIKOYA, AGED 62 YEARS, PRESIDENT, PARISTHITHY MANUSHYAVAKASHA SAMRAKSHANA SAMITHY, (REG.NO.M.P.M./CA/665/2016) STATE COMMITTEE, AKKODE P.O., MALAPPURAM - 673 640.
BY ADVS.SRI.P.S.RAMACHANDRAN PILLAI SRI.ANIL KUMAR M.SIVARAMAN
RESPONDENTS:
Addl.R7 PUTTEKADAVATH VEERANKUTTY MASTER, AGED 65 YEARS
BY ADV SR. GOVERNMENT PLEADER SRI.TEK CHAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31402 OF 2017
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JUDGMENT
Dated this the 11th day of November, 2021
S.MANIKUMAR, C.J.
This writ petition is filed challenging the conversion of paddy and wetlands in various places of Malappuram district as illegal and indiscriminate. Grievance of the petitioner is that though several complaints were filed pointing out the illegal reclamation, no action was taken by the authorities, to stop the same and restore the land in its original status. Prayers sought for in the writ petition are as under:
"i)Issue a writ of mandamus or any other writ, direction or order commanding the respondents 1 to 5 to trace out all the petitions sent by the petitioner and the members of his Association and make sure that immediate proper actions are taken on all the wet lands and paddy lands illegally converted in Vazhakkadu and Vazhayoor Villages are restored to its original status immediately fixing time bound actions and also giving opportunities to the petitioner as well as their associations to urge their grievances.
ii) Direct the 1st and 2nd respondents to take steps to initiate prosecution required in such cases”
WP(C) NO. 31402 OF 2017
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writ petition cannot be granted, learned counsel for the petitioner seeks permission to withdraw the writ petition.
Permission sought for is granted and the writ petition is dismissed as withdrawn.
SD/S.MANIKUMAR CHIEF JUSTICE
SD/SHAJI P. CHALY JUDGE
jes
WP(C) NO. 31402 OF 2017
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APPENDIX
PETITIONER'S EXHIBITS:
// TRUE COPY //
P.S. TO JUDGE
1 issue framed by the court
Whether writ petition challenging illegal conversion of land should be allowed.
MOHAMMED KUNHIKOYA
THE DISTRICT COLLECTOR, MALAPPURAM
THE REVENUE DIVISIONAL OFFICER, TIRUR
THE SPECIAL TAHSILDAR, KONDOTTY
THE VILLAGE OFFICER, VAZHAKADU
THE VILLAGE OFFICER, VAZHAYOOR
S.MANIKUMAR
SHAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
