Disposed

T.Usman v. the District Collector

Kerala HC2 Nov 2023WP(C)/17262/2023

Case brief

AI extract

What is this about?

Petitioners challenged rejection of Form-5 land application. Court disposed petition by directing Taluk Surveyor to complete proceedings expeditiously within three months as land nature was already changed in a prior writ proceeding.

What did the court decide?

No substantive relief dated to the rejection of Form-5; directions issued to Taluk Surveyor to complete previously initiated proceedings within three months.

T.Usman Vs the District Collector — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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THURSDAY, THE 2^ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, 1945

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WP(C) NO. 17262 OF 2023

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PETITIONER/S:

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1 T.USMAN AGED 52 YEARS S/O. LATE. KUNHIMUHAMMED HAJI RESIDING AT THIRUNILATH HOUSE PANIKKAR PADI, KUTTIPALA P.O. MALAPPURAM, PIN - 676501

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2 P.KUNHALAN AGED 65 YEARS S/O. KUNHALAVI PANGINIKKATTIL HOUSE, RANDATHANI (PO) MALAPPURAM, PIN - 676510

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3 P.PATHUMOL AGED 61 YEARS W/O. HAMZA HAJI RESIDING AT NAZEEB MANZIL PANIKKAR PADI, KUTTIPALA P.O. MALAPPURAM, PIN - 676501 4 A.K.PAREED AGED 70 YEARS S/O. KOCHAHAMMED KUTTOOR NORTH P.O., (VIA) A.R.NAGAR MALAPPURAM, PIN - 676305 BY ADVS. DR.ABHILASH O.U. N.G.ANITHA

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR CIVIL STATION, PALACE ROAD ALAPPUZHA, PIN - 688001 2 THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER DISTRICT CT WAY ROAD, KIDANGAMPARAMP THONDANKULANGARA, THATHAMPALLY ALAPPUZHA, PIN - 688013 3 VILLAGE OFFICER MANNANCHERRY VILLAGE OFFICE MANNANCHERRY, AMBALAPUZHA TALUK ALAPPUZHA, PIN - 688538

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4 THE ARGRICULTURAL OFFICER MANNANCHERRY AGRICULTURAL OFFICE MANNANCHERRY, AMBALAPUZHA TALUK ALAPPUZHA, PIN - 688538

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OTHER PRESENT:

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GP - SYAMANTHAK B.S.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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02.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). No.17262 of 2023

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: 2 :

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VIJU ABRAHAM, J.

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- - - - Dated this the 2^nd day of November, 2023

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JUDGMENT

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The petitioners have approached this Court challenging Ext.P12 order, whereby the Form-5 application submitted by the petitioner has been rejected.

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The petitioners submit that subsequent to the filing of a writ petition, the 2^nd respondent has allowed the application submitted by them in Form-5 and pursuant to the same, the Tahsildar, Amabalappuzha has also issued proceedings No.TOAMB/125/2022-N2 dated 19.10.2023, wherein the orders have been issued changing the nature of the land as 'purayidom' and issued a consequential direction to the Taluk Surveyor to survey the property and prepare sub-division records and on the basis of the same, the concerned Village Officer was directed to make necessary changes in the Basic Tax Register.

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In view of the issuance of the said proceedings dated 19.10.2023, the above said writ petition is disposed of with a direction to the Taluk Surveyor attached to the Taluk Office, to complete the proceedings as per the order dated 19.10.2023, as

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W.P.(C). No.17262 of 2023

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: 3 :

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expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

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Sd/-

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VIJU ABRAHAM JUDGE

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sm/

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: 4 :

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W.P.(C). No.17262 of 2023

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APPENDIX OF WP(C) 17262/2023

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PETITIO EXHIBIT	NER EXHI P1	BITS THE TRUE COPY OF THE JUDGMENT IN W.P. (C.)NO 20662 OF 2015 PASSED BY THIS HON'BLE COURT DATED 16.07.2015
EXHIBIT	P2	THE TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 13.10.2015
EXHIBIT	P3	THE TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 25.11.2015
EXHIBIT	P4	THE TRUE COPY OF THE JUDGMENT IN W.P. (C.)NO 37274 OF 2015 PASSED BY THIS HON'BLE COURT DATED 09.12.2015
EXHIBIT	P5	THE TRUE COPY OF THE JUDGMENT IN W.P. (C.)NO 1270 OF 2016 PASSED BY THIS HON'BLE COURT DATED 13.01.2016
EXHIBIT	P6	THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE TAHSILDAR TO THE 1ST PETITIONER DATED 30.06.2022
EXHIBIT	P7	THE TRUE COPY OF THE JUDGMENT IN W.P. (C.)NO 26417 OF 2022 PASSED BY THIS HON'BLE COURT DATED 29.08.2022
EXHIBIT	P8	THE TRUE COPY OF THE ORDER IN R.P.NO 1270 OF 2022 IN W.P.(C.)NO 26417 OF 2022 PASSED BY THIS HON'BLE COURT DATED 21.12.2022
EXHIBIT	P9	THE TRUE COPY OF THE ORDER IN I.A.NO.1 OF 2022 IN W.P.(C.)NO 26417 OF 2022 PASSED BY THIS HON'BLE COURT DATED 23.12.2022
EXHIBIT	P10	THE TRUE COPY OF THE ORDER IN R.P.NO 71 OF 2023 IN W.P.(C.)NO 1270 OF 2016 PASSED BY THIS HON'BLE COURT DATED 08.03.2023
EXHIBIT	P11	THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS DATED 17.03.2023
EXHIBIT	P12	THE TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 06.05.2023
Exhibit	P13	THE TRUE COPY OF THE ORDER DATED 12.06.2023 PASSED BY THE RESPONDENTS
Exhibit	P14	THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE TAHSILDAR, AMBALAPUZHA TALUK, ALAPPUZHA DATED 17.06.2023

T.Usman v. the District Collector

Case brief

What is this about?

What did the court decide?

T.Usman v. the District Collector

Case brief

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