Disposed

Sayed Mohammed Koya v. the Administrator

Kerala HC11 Apr 2024WP(C)/34337/2018

Case brief

AI extract

What is this about?

Writ petition challenging a notice issued by the Sub-Divisional Officer in a settlement matter and seeking a fresh hearing before the Settlement Officer. The court made its admission-stage interim order absolute, requiring consideration of the petitioner's representation before any order is passed, and closed the writ petition.

What did the court decide?

Interim order made absolute: petitioner's representation before the 3rd respondent to be considered before any orders are passed; writ petition closed.

Sayed Mohammed Koya Vs the Administrator — Property and Title | Kerala HC (2024)

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WP(C) NO. 34337 OF 2018

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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 EASWARAN S.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

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WP(C) NO. 34337 OF 2018

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PETITIONER:

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SAYED MOHAMMED KOYA, AGED 43 YEARS
S/O.BIYYAMMADA ATTAKOYA, RESIDING AT PURAKKAD,
AMINI ISLAND, U.T OF LAKSHADWEEP, PIN-682552.

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BY ADVS.
AASHIQUE AKTHAR HAJJIGOTHI
SRI.P.M.MOHAMMED SALIH
SMT.KEERTHANA J. RAMESH
SMT.SANJANA SARA VARGHESE ANNIE

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RESPONDENTS:

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1 THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI, PIN 682553

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2 THE DEPUTY COLLECTOR, COLLECTORATE, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, PIN-682555.

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3 THE SUB-DIVISIONAL OFFICER, KADMATH ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN-682556.

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4 SETTLEMENT OFFICER, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, PIN-682553.

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5 THE ASSISTANT SETTLEMENT OFFICER KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, PIN-682553.

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6 PATHUMMADA NADUVILAKAM KUNHI, S/O.ABDUL KHADER KOAYA, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN-682552.

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BY ADVS.

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SRI.S.MANU, CGC, DIRECTORATE OF REVENUE
INTELLIGENCE KERALA REGIONAL UNIT
SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP
ADMINISTRATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 34337 OF 2018

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JUDGMENT

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Dated this the 11^th day of April, 2024

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This Writ Petition is filed seeking for the following reliefs:

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“i) Issue a writ of certiorari or any other appropriate writ, order or direction to quash Exhibit P1 notice issued by the 3^rd respondent in violation of the order of the Settlement Officer.

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ii) Issue a writ of mandamus or any other appropriate writ, order or direction to the 4^th respondent Settlement Officer to direct the 5^th respondent to hear the R.P.No.1922 of Kadamath Island afresh and pass orders after hearing both the parties.

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iii) Any other appropriate order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

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When the writ petition came up for consideration on

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admission, this Court passed the following order:

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“Admit.

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Learned Government Pleader takes notice for respondents 1 to 5. Issue notice to the 6^th respondent by speed post.

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Learned counsel for the petitioner submits that the petitioner has not been issued notice for hearing as provided in Ext.P1.

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In the above view of the matter, there will be an interim direction that in case the petitioner submits a representation before the 3^rd respondent, the same shall also be considered by the 3^rd respondent before any orders are passed by him.”

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In the light of the interim order so passed at the time of

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WP(C) NO. 34337 OF 2018

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admission, I find that the interest of the parties will suffice if the

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order is made absolute and the parties to be directed to pass on

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order.

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The Writ Petition is closed making the interim order absolute.

Sd/-

EASWARAN S.

JUDGE

WP(C) NO. 34337 OF 2018

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APPENDIX OF WP(C) 34337/2018

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PETITIONER EXHIBITS

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EXHIBIT P1THE TRUE COPY OF HE NOTICE ISSUED BY THE
SUB-DIVISIONAL OFFICER DATED 26/09/2018
DIRECTING THE PARTIES TO APPEAR BEFORE
HIM FOR THE HEARING OF THE CASE.
EXHIBIT P2THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT IN APPEAL CASE NO.1/2007-
SO(KDT) DATED 17/09/2007.
EXHIBIT P3THE TRUE COPY OF THE JUDGMENT DATED
16/03/2017 IN WPC.NO.21527 OF 2012.
EXHIBIT P4THE TRUE COPY OF THE JUDGMENT IN
WA.NO.1510 OF 2017 IN WPC NO.21527 OF
2012 DATED 18/07/2017.

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RESPONDENTS EXHIBITS: NIL

Sayed Mohammed Koya v. the Administrator

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Sayed Mohammed Koya v. the Administrator

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