Disposed

Abdul Rasheed M v. Government of Kerala

Kerala HC12 Jun 2024WP(C)/4306/2021

Case brief

AI extract

What is this about?

Property owners sought to restrain authorities from constructing on an old public road adjoining their land, which would deny them access. The fourth respondent stated that due to pending writ petitions, another site was identified for the 'take a break project' and no construction was proposed before the petitioners' property.

What did the court decide?

Petition disposed recording submission that no construction is proposed; liberty given to petitioners to approach again if needed.

Abdul Rasheed M Vs Government 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 M.A.ABDUL HAKHIM

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WEDNESDAY, THE 12^TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946

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WP(C) NO. 4306 OF 2021

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PETITIONERS:

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1 ABDUL RASHEED M AGED 74 YEARS

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S/O.MYTHEEN PICHA VAIDYAN, SHYMALAYA, VEMBAYAM P.O., MANIKKAL, THIRUVANANTHAPURAM,KERALA-695 615

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2 NASEEMA BEEVI.A., AGED 63 YEARS W/O. ABDUL RASHEED, SHYMALAYA, VEMBAYAM P.O., MANIKKAL, THIRUVANANTHAPURAM,KERALA-695 615

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BY ADV THIRUMALA P.K.MANI

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RESPONDENTS:

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1 GOVERNMENT OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 DISTRICT COLLECTOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, KUDAPANAKUNNU, THIRUVANANTHAPURAM-695 043

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3 THIRUVANANTHAPURAM DISTRICT PANCHAYATH,

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REP BY ITS SECRETARY, DISTRICT PANCHAYATH OFFICE, NEAR KERALA PUBLIC SERVICE COMMISSION, HEAD OFFICE, PATTOM, THIRUVANANTHAPURAM-695 004

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4 SECRETARY, POTHENCODE GRAMA PANCHAYATH, POTHENCODE GRAMA PANCHAYATH OFFICE, POTHECODE P.O., THIRUVANANTHAPURAM-695 584

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5 EXECUTIVE DIRECTOR, SHUCHITWA MISSION, SWRAJ BHAVAN, NANATHANCODE.P.O., THIRUVANANTHAPURAM-695 003

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6 PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, T.C.11/339, SREE BUILDING, KESTON ROAD, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003

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7 CHIEF ENGINEER, PWD (ROAD DIVISION), OFFICE OF THE CHIEF ENGINEER, PUBLIC OFFICE, MUSEUM, THIRUVANANTHAPURAM-695 033

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WP(C) No. 4306 of 2021

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8 KERALA ROAD FUND BOARD, REPRESENTED BY ITS SECRETARY, KERALA ROAD FUND BOARD, TC 4/1654,MAYOORAM GARDENS, KOWDIAR POST, THIRUVANANTHAPURAM,KERALA-695 003

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BY ADV SRI.J.JAYAKUMAR

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OTHER PRESENT:

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SRI.P.K.MANOJ KUMAR-SC,SMT.K.B.SONY-GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.06.2024,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No. 4306 of 2021

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M .A. ABDUL HAKHIM, J

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- - - - - - - - - - - - - - - - - – WP(C) No. 4306 of 2021

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- - - - - - - - - – - - - - - - - Dated this the 12^th June, 2024

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JUDGMENT

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1.The petitioners filed this writ petition seeking a direction to the respondents 2 to 6 not to put up any structure and making any construction for any purpose blocking the old PothencodeVenjaramoodu Public Road lying on the western side of the petitioners’ property covered by Exts.P1 to P4 denying the access and passage to the properties of the petitioner. At the time of admission of this writ petition, this Court passed an interim order to maintain status quo as regards the old PothencodeVenjaramoodu Public Road and posted the case along with W.P(C) No.36227/2016 fled by the prior owner of the property.

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The Counsel for the 4^th respondent submitted on account of the pendency of the above writ petition and this writ petition and the interim orders passed therein, the 4^th respondent identified another land for making construction under the “take a break Project” of the Government and as such there is no subsisting proposal to make any construction in front of the property of the

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WP(C) No. 4306 of 2021

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petitioner. Hence this writ petition is disposed of recording the above submission and giving liberty to the petitioners to agitate

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the matter again in future if the said land is required.

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Ordered accordingly.

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Sd/- M.A. ABDUL HAKHIM, JUDGE

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jma

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WP(C) No. 4306 of 2021

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APPENDIX OF WP(C) 4306/2021

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PETITIONER EXHIB EXHIBIT P1	ITS TRUE PHOTOCOPY OF DATED 15.11.2018 E PETITIONER	THE SALE DEED NO.3771/2018 XECUTED INFAVOUR OF THE 1ST
EXHIBIT P1A	TRUE PHOTOCOPY OF 15.02.201 REMITTED IN KEEZHTHONAKKA PETITIONER	THE LAND TAX RECEIPT DATED WITH RESPECT OF 3.58 AREA L VILLAGE BY THE 1T
EXHIBIT P1B	TRUE PHOTOCOPY OF 15.02.201 REMITTED IN VEMBAYAM VILLAGE	THE LAND TAX RECEIPT DATED WITH RESPECT OF 1,64 ARES BY THE 1ST PETITIONER
EXHIBIT P2	TRUE PHOTOCOPY OF DATED 15.11.2018 PETITIONER	THE SALE DEED NO.3772/2018 INFAVOUR OF THE 2ND
EXHIBIT P2A	TRUE PHOTOCOPY OF 15.02.201 REMITTED IN KEEZHTHONAKKAL PETITIONER	THE LAND TAX RECEIPT DATED WITH RESPECT OF .97 ARES VILLAGE BY THE 2ND
EXHIBIT P2B	TRUE PHOTOCOPY OF 15.02.201 REMITTED IN VEMBAYAM VILLAGE	THE LAND TAX RECEIPT DATED WITH RESPECT OF 1.25 ARES BY THE 2ND PETITIONER
EXHIBIT P3	TRUE COPY OF THE S 15.11.2018 INFAVO PETITIONERS SAIBI A	ALE DEED NO.3770/2018 DATED UR OF THE SON OF THE BDUL
EXHIBIT P3A	TRUE PHOTOCOPY OF 15.02.201 REMITTED IN KEEZHTHONAKKAL PETITIONERS SAIBI A	THE LAND TAX RECEIPT DATED WITH RESPECT OF 3.14 ARES VILLAGE BY THE SON OF THE BDUL
EXHIBIT P3B	TRUE PHOTOCOPY OF 15.02.201 REMITTED VEMBAYAM VILLAGE PETITIONERS SAIBI A	THE LAND TAX RECEIPT DATED WITH RESPECT OF2.8ARES OF BY THE SON OF THE BDUL
EXHIBIT P4	TRUE PHOTOCOPY OF DATED 15.11.2018 I THE PETITIONERS SHA	THE SALE DEED 3773/2018 N FAVOUR OF THE DAUGHTER OF IMA
EXHIBIT P4A	TRUE PHOTOCOPY OF 15.02.201 REMITTED IN KEEZHTHONAKKAL THE PETITIONERS SHA	THE LAND TAX RECEIPT DATED WITH RESPECT OF 4.31 ARES VILLAGE BY THE DAUGHTER OF IMA

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WP(C) No. 4306 of 2021

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EXHIBIT P4B	TRUE	PHOTOCOPY OF THE LAND TAX RECEIPT	DATED
	15.02	.201 REMITTED WITH RESPECT OF0.9	1 ARES
	IN V PETIT	EMBAYAM VILLAGE BY THE DAUGHTER IONERS SHAIMA	OF THE
EXHIBIT P5	TRUE POTHE	PHOTOCOPY OF THE SKETCH OF TH NCODE-VENJARAMOODU BYEPASS ROAD	E NEW AND
	EXIST	ING OLD POTHENCODE-VENJARAMOODU PW	D ROAD
	PREPA KEEZH	RED BY THE VILLAGE OF THONAKKAL	FICER,
EXHIBIT P6	TRUE NO.36 RETHI	COPY OF MEMORANDUM OF WRIT PE 227/2016 DATED 10.11.2016 FILED GOPAKUMAR AND SHARAFUDEEN	TITION BY THE
EXHIBIT P7	TRUE 11.11	COPY OF THE INTERIM ORDER .2016 IN WRIT PETITION NO.36227/20	DATED 16
EXHIBIT P8	TRUE 31.05	COPY OF THE INTERIM ORDER .2017 IN WRIT PETITION NO.36227/20	DATED 16
EXHIBIT P9	TRUE	COPY OF THE REPRESENTATION	DATED
	15.02 RESPO	.2021 SUBMITTED BEFORE THE NDENT	2ND
EXHIBIT P10	TRUE THE	PHOTOGRAPHS SHOWING THE COMMENCI PROPOSED CONSTRUCTION OF THE	NG OF ABOVE
	BUILD (4NOS	ING AND LYING OF THE FOUNDATION )	STONE

Abdul Rasheed M v. Government of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Rasheed M v. Government of Kerala

Case brief

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