Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 WP(C) NO. 36499 OF 2016 PETITIONERS: 1 A.M.BAVA AGED 49 YEARS, S/O.ABDU RAHIMAN, ANGALAGATHMUKKIL HOUSE, KUTTIKADNILAM PARAMB, P.O.BEYPORE, KOZHIKODE - 673 015. 2 HARI K.S AGED 42 YEARS, S/O.SUCHEENDRAN, SUCHEEDRAM (H), MALAPARAMBA PO, KOZHIKODE - 673 009. BY ADV SRI.E.NARAYANAN RESPONDENTS: 1 MANAGING DIRECTOR M/S.P.V.K. PROPERTIES & HOTEL PRIVATE LIMITED, INDUS AVENUE, KALLAI ROAD, KOZHIKODE - 673 003. 2 STATE OF KERALA REPRESETNED BY THE DISTRICT COLLECTOR, KOZHIKODE, COLLECTORATE, CIVIL STATION, KOZHKKODE - 673 020.
3 THE TAHSILDAR KOZHIKODE TALUK, TALUK OFFICE, COLLECTORATE, CIVIL STATION, KOZHIKODE - 673 020. 4 THE VILLAGE OFFICER KASABA VILLAGE, P.O.PUTHIYARA, KOZHIKODE - 673 004. BY ADVS. SRI. RIYAL DEVASSY, GP SRI. DEVAPRASANTH.P.J. - R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------------------- W.P.(C) No.36499 of 2016 ---------------------------------------------- Dated this the 31st day of May, 2024
JUDGMENT
The above writ petition is filed with the following prayers: “1. Issue a writ of mandamus or other appropriate writ, order or direction, directing the second respondent to take necessary action as per law as per Exhibit P7 against the first respondent; or in the alternative,
2. Direct the second respondent to dispose off
Exhibit P7 as per law by hearing the petitioners herein at an earliest point of time at any rate before 25-11-16 and to take necessary action as per law against the first respondent. And
3. Issue such other reliefs as this Hon’ble Court may deem fit and proper.” SIC
2. When this writ petition came up for consideration on 17.11.2016, this Court passed the following order;
“The District Collector, Kozhikode shall instruct the 3rd respondent to inspect the property as seen from the schedule in Ext.P1 and see that no conversion is effected in violation of the Kerala Conservation of Paddy Land and Wet Land Act,
2008. The petitioners shall produce a copy of the writ petition before the 2nd respondent.”
3. The learned counsel appearing for the 1st
respondent submitted that, no illegal conversion is effected in violation of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Recording the above submission and also recording the order dated 17.11.2016, this writ petition is disposed of. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF WP(C) 36499/2016 PETITIONER EXHIBITS P1 TRUE COPY OF THE PLAINT DATED 22.9.2016 IN OS NO.488/16 ON THE FILE OF THE PRINCIPAL MUNSIFF P2 TRUE COPY OF THE APPLICATION DATED 25.5.2015 SUBMITTED UNDER THE RTI ACT BEFORE THE VILLAGE OFFICER KASABA P3 TRUE COPY OF THE REPLY DATED 10.6.2015 ISSUED FROM THE PUBLIC INFORMATION OFFICER, VILLAGE OFFICER KASABA P4 TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT DATED 2.11.2016 IN OS NO.488/2016 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT (I) KOZHIKODE P5 TRUE COPY OF THE IA NO.3894/16 DATD 22.9.2016 IN OS P6 TRUE COPY OF THE CASE STATUS WITH RESPECT TO EXHIBIT P1 SUIT TAKEN FROM THE WEB SITE WWW.ECOURTS.GOV.IN P7 TRUE COPY OF THE REPRESENTATION DATED 2.11.2016 SUBMITTED BY THE FIRST PETITIOENR BEFORE THE RESPONDENT 2 AND 4 P8 TRUE COPY OF THE IA NO.4584/16 DATED 2.11.2016, IN OS P9 TRUE COPY OF THE ORDER DATED 3.11.2016 IN IA
NO.4584/16 DATED 2.11.2016 IN OS NO.488/2016 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT (I) KOZHIKODE RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE