Disposed

A.Muhammed Ismail v. State of Kerala

Kerala HC11 Jul 2024WP(C)/31365/2017

Case brief

AI extract

What is this about?

Petitioners sought quashing of an eviction-related order and protection from eviction. On the petitioners' counsel's submission that fresh applications were filed before the District Collector, the court directed the Collector to consider and decide those applications with a hearing within four months, maintaining status quo meanwhile.

What did the court decide?

Direction to 2nd respondent to consider Annexures A5 to A12 after hearing petitioners within four months; status quo to continue till then.

A.Muhammed Ismail Vs State of Kerala — Property and Title | Kerala HC (2024)

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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 P.V.KUNHIKRISHNAN

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THURSDAY, THE 11^TH DAY OF JULY 2024 / 20TH ASHADHA, 1946

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WP(C) NO. 31365 OF 2017

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PETITIONERS:

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1 A.MUHAMMED ISMAIL S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU, PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE, THIRUVANANTHAPURAM-695541.

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2 ABDUL HAMEED S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU,PERUMALA, THEKUMKARA MURI, NEDUMANGAD VILLAGE,THIRUVANANTHAPURAM-695541.

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3 A.KASIM PILLAI S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE,THIRUVANANTHAPURAM-695541.

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4 ARIFA BEEVI D/O.FATHIMA, PUTHUVAL PUTHEN VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE,THIRUVANANTHAPURAM-695541.

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5 R.FATHIMA BEEVI S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE,THIRUVANANTHAPURAM-695541.

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6 A.YOOSUFF KUNJU S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE,THIRUVANANTHAPURAM-695541.

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7 A.ABDUL KARIM S/O.ABOOBACKER, PUTHUVAL PUTHEN VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE,THIRUVANANTHAPURAM-695541.

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8 SHABANATH BEEVI W/O.MUHAMMED IBRAHIM, PUTHUVAL PUTHEN VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE,THIRUVANANTHAPURAM-695541.

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9 ARIFA BEEVI W/O.LATE ABDUL RAZAK, PUTHUVAL PUTHEN VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE,THIRUVANANTHAPURAM-695541.

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W.P.(C) No.31365 of 2017

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10 SUMAYYA D/O.ABDUL RAZAK, PUTHUVAL PUTHEN VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE, THIRUVANANTHAPURAM-695541.

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11 SUMEER S/O.ABDUL RAZAK, PUTHUVAL PUTHEN VEEDU,PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE, THIRUVANANTHAPURAM-695541.

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BY ADVS. SRI.R.S.KALKURA SMT.P.ANJANA SMT.R.BINDU SRI.HARISH GOPINATH SRI.M.S.KALESH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM-695001.

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2 THE DISTRICT COLLECTOR KUDAPPANAKUNNU, TRIVANDRUM, PIN-695043.

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3 THE TAHSILDAR, NEDUMANGAD TALUK, NEDUMANGAD, TRIVANDRUM-695541.

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4 NEDUMANGAD MUNICIPALITY REPRESENTED BY THE SECRETARY, NEDUMANGAD, TRIVANDRUM-695541. BY ADVS. SRI.RENJITH T.R., SENIOR GOVERNMENT PLEADER SRI.P.RAMAKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.31365 of 2017

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P.V.KUNHIKRISHNAN, J.

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---------------------------------------------

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W.P.(C) No. 31365 of 2017

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-----------------------------------------------------Dated this the 11^th day of July, 2024.

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JUDGMENT

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This writ petition is filed seeking the

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following reliefs:

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“i. Issue a writ of certiorari or any other appropriate writs, directions or orders of the nature of certiorari quashing Exhibit P15 as grossly illegal and wrong.

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ii. Issue a writ of mandamus or any other appropriate writs, directions or orders of the nature of mandamus directing the fourth respondent not to evict the petitioners from the properties in their possession.

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iv. Grant such other reliefs which are appropriate and incidental to this proceedings and which this Hon'ble Court deems fit and proper.”[SIC]

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When this writ petition came up for

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W.P.(C) No.31365 of 2017

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consideration, the learned counsel appearing for the petitioners submitted that the petitioners submitted applications before the 2^nd respondent, which is produced as Annexure A5 to A12 in the memorandum of Review Petition No.617/2024, and there may be a direction to consider the same within a time frame.

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After hearing the counsel appearing for the petitioners, I think the above prayer can be allowed.

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Therefore, this Writ Petition is disposed of in the following manner:

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The 2^nd respondent is directed to

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consider and pass appropriate orders in Annexures A5 to A12 produced in the

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Review Petition, after giving an opportunity of hearing to the petitioners,

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W.P.(C) No.31365 of 2017

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

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Till then the status quo as on today

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will continue.

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Petitioners will produce a certified copy of this judgment along with a copy of the memorandum of Review Petition No.617/2024 before the 2^nd respondent

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for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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W.P.(C) No.31365 of 2017

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APPENDIX OF WP(C) 31365/2017

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PETITIO EXHIBIT	NER EX P1	HIBITS TRUE COPY OF SUBMITTED BY BEFORE THE SEC 20-8-2011.	THE REPRES THE FIRST PE OND RESPONDE	ENTATION TITIONER NT DATED
EXHIBIT	P2	TRUE COPY OF VILLAGE OFFIC ALONG WITH PERTAINING TO	THE REPORT ER DATED 14 ATTENDANT THE FIRST PET	OF THE -11-2011 PAPERS ITIONER.
EXHIBIT	P3	TRUE COPY OF VILLAGE OFFIC	THE REPORT ER DATED 14	OF THE -11-2011
		ALONG WITH	ATTENDANT	PAPERS
		PERTAINING PETITIONER.	TO THE	SECOND
EXHIBIT	P4	TRUE COPY OF VILLAGE OFFIC ALONG WITH PERTAINING TO	THE REPORT ER DATED 14 ATTENDANT THE THIRD PET	OF THE -11-2011 PAPERS ITIONER.
EXHIBIT	P5	TRUE COPY OF VILLAGE OFFIC	THE REPORT ER DATED 14	OF THE -11-2011
		ALONG WITH	ATTENDANT	PAPERS
		PERTAINING PETITIONER.	TO THE	FOURTH
EXHIBIT	P6	TRUE COPY OF	THE REPORT	OF THE
		VILLAGE OFFIC	ER DATED 14	-11-2011
		ALONG WITH T PERTAINING TO OF THE 4TH PET PETITIONER 8 A	HE ATTENDANT ABDUL RAZAK ITIONER AND F ND 9.	PAPERS HUSBAND ATHER OF
EXHIBIT	P7	TRUE COPY OF VILLAGE OFFIC ALONG WITH	THE REPORT ER DATED 14 ATTENDANT	OF THE -11-2011 PAPERS
		PERTAINING TO	THE FIFTH PET	ITIONER.
EXHIBIT	P8	TRUE COPY OF	THE REPORT	OF THE
		VILLAGE OFFIC	ER DATED 14	-11-2011
		ALONG WITH	ATTENDANT	PAPERS
		PERTAINING TO	THE SIXTH PET	ITIONER.

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W.P.(C) No.31365 of 2017

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EXHIBIT P9 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 14-11-2011 ALONG WITH ATTENDANT PAPERS PERTAINING TO THE SEVENTH PETITIONER. EXHIBIT P10 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 14-11-2011 ALONG WITH ATTENDANT PAPERS PERTAINING TO THE EIGHTH PETITIONER. EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 26-92012 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONERS. EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 1412-1994 IN O.S.81 OF 1993 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT NEDUMANGAD. EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 277-2011 IN S.A.348 OF 1999. EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 233-2017 IN W.P.C.NO.24688 OF 2012 ON THE FILE OF THIS HON'BLE COURT. EXHIBIT P15 TRUE COPY OF THE ORDER DATED 11-82017 ISSUED BY THE THIRD RESPONDENT IN PROCEEDINGS NO.19635 OF 2011. EXHIBIT P16 TRUE COPY OF THE SETTLEMENT REGISTER ISSUED BY THE CENTRAL SURVEY OFFICE, THIRUVANANTHAPURAM. EXHIBIT P17 THE TRUE COPY OF THE RESURVEY PLAN PERTAINING TO THE PROPERTY IN R.S.NO.423. EXHIBIT P18 THE TRUE COPY OF THE BUILDING TAX RECEIPT IN RESPECT OF THE BUILDING IN THE POSSESSION OF THE PETITIONERS DATED 1-9-2016 ISSUED BY THE NEDUMANGAD MUNICIPALITY BEARING NO.20357.

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W.P.(C) No.31365 of 2017

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EXHIBIT	P19	THE TRUE COPY O	F THE BUILDING TAX
		RECEIPT IN RESP	ECT OF THE BUILDING
		IN THE POS	SESSION OF THE
		PETITIONERS	ISSUED BY THE
		NEDUMANGAD MUN NO.24520 DATED 3	ICIPALITY BEARING -6-2015.
EXHIBIT	P20	TRUE COPY OF T	HE RECEIPT BEARING
		NO.13917 DATED THE NEDUMANGAD M	30.7.2018 ISSUED BY UNICIPALITY
EXHIBIT	P21	TRUE COPY OF THE 8TH PETITIONER BEARING NO.11050 TALUK SUPPLY OFF	RATION CARD OF THE AND HER FAMILY 37459 ISSUED BY THE ICER
EXHIBIT	P22	THE PHOTOGRAPH INDICATING THE OF THE SAME	OF THE BUILDING DILAPIDATED NATURE
EXHIBIT	P23	THE PHOTOGRAPH INDICATING THE OF THE SAME	OF THE BUILDING DILAPIDATED NATURE
EXHIBIT	P24	THE PHOTOGRAPH INDICATING THE OF THE SAME	OF THE BUILDING DILAPIDATED NATURE
EXHIBIT	P25	THE PHOTOGRAPH	OF THE BUILDING
		INDICATING THE OF THE SAME	DILAPIDATED NATURE
EXHIBIT	P26	THE TRUE COPY	OF THE RELEVANT
		PORTIONS OF MATH	RUBHUMI DAILY DATED
		30.7.2018 CONTA	INING THE ARTICLE
		REGARDING THE PE	TITIONERS' BUILDING
EXHIBIT	P27	THE TRUE COPY	OF THE RELEVANT
		PORTIONS OF MAD	HYAMAM DAILY DATED
		14.7.2018 CONTA	INING THE ARTICLE
		REGARDING THE PE	TITIONERS' BUILDING
EXHIBIT	P28	TRUE COPY OF THE	PHOTOGRAPHS OF THE
		TREES STANDING	IN A DANGEROUS
		POSTION
RESPONDE	NTS EXH	IBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

A.Muhammed Ismail v. State of Kerala

Case brief

What is this about?

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A.Muhammed Ismail v. State of Kerala

Case brief

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