Full Judgment
WP(C) Nos. 30841/12 & 20399/13 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945 WP(C) NO. 30841 OF 2012 PETITIONER/S: C.P.SHUKKOOR AGED 45 YEARS S/O.CHERIYA BAVAKUTTY HAJI, CHEKKINTE PURAKKAL, P.O KOOTTAYI, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADVS. SRI.T.KRISHNAN UNNI (SR.) SRI.V.CHANDRASEKHARAN SMT.DEEPA NARAYANAN SRI.K.C.KIRAN SRI.SAJU.S.A
RESPONDENT/S: 1 DISTRICT COLLECTOR, MALAPPURAM MALAPPURAM DISTRICT, P.O MALAPPURAM PIN 676 505. 2 TAHSILDAR TIRUR TALUK, P.O TIRUR, MALAPPURAM DISTRICT, PIN 676 001. 3 VILLAGE OFFICER MANGALAM, P.O MANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN 676 505. 4 THODATH HANEEFA P.O KOOTTAYI, TIRUR TALUK, MALAPPURAM DISTRICT. PIN 676 505. BY ADVS. GOVERNMENT PLEADER SRI.C.M.MOHAMMED IQUABAL WP(C) Nos. 30841/12 & 20399/13 2 GOVERNMENT PLEADER SRI.C.M.MOHAMMED IQUABAL OTHER PRESENT: SRI.B.S.SYAMANTAK, GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2023, ALONG WITH WP(C).20399/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 30841/12 & 20399/13 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945 WP(C) NO. 20399 OF 2013 PETITIONER/S: NAFEESA W/O. CHEKKINTE PURAKKAL CHERIYABAVA, CHEKKINTE PURAKKAL HOUSE, KOOTAYI P.O., PIN - 676 562, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV SRI.JAMSHEED HAFIZ RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR MALAPPURAM, MALAPPURAM P.O., PIN - 676 505, MALAPPURAM DISTRICT. 3 THE TAHSILDAR TIRUR, TIRUR P.O PIN - 676 101, MALAPPURAM DISTRICT BY ADVS. GOVERNMENT PLEADER GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2023, ALONG WITH WP(C).30841/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 30841/12 & 20399/13 4
P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) Nos. 30841 of 2012 & 20399 of 2013 ------------------------------------------------------------ Dated this the 22nd day of June, 2023
JUDGMENT
These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment. The prayers in these writ petitions are extracted hereunder : W.P.(C.) No. 30841/2012 a) “Call for the records leading upto Ext.P9 and to quash the same by issuing a writ of certiorari or any other appropriate writ
order or direction
b) issue a writ of mandamus or any other appropriate writ,
order or direction to respondents 1 and 2 to dispose of Ext. P7
application after affording an opportunity of hearing to the petitioner and c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.” [SIC] W.P.(C.) No. 20399/2013 WP(C) Nos. 30841/12 & 20399/13 5 “a) Issue a writ of Certiorari or any appropriate writ or direction, to call for the records leading to Ext.P7 order and quash the same. b) Issue a writ of Mandamus or any appropriate writ or direction,directing the 3rd respondent to reconsider the Ext.P6 application filed by the petitioner for renewal of lease after
giving the petitioner an opportunity of hearing and to pass order
on the same stating valid reasons within such time as pleased by this honourable court. And c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.” [SIC]
2. I will narrate the facts in W.P.(C.) No. 30841/2012.
The petitioner herein is aggrieved because the respondents refused to renew a lease granted in 1977 to Late Cheriyabavakutty Haji, father of the petitioner. The lease was not renewed stating that there is violation of the conditions in the lease. It is submitted that the lease was renewed from time to time and the petitioner has effected improvements of the property. The property consists of 96 cents in R.Survey 16/6B of Mangalam Amsom. The property contains yielding coconut trees is the submission. The petitioner and other legal heirs of his WP(C) Nos. 30841/12 & 20399/13 6 father have not violated any conditions of the lease is the submission. It is also submitted that the order refusing to renew the lease was passed without giving an opportunity of hearing to the petitioner. Ext.P9 is the order.
3. W.P.(C.) No. 20399/2013 is filed by the sister of the
petitioner in W.P.(C.) No. 30841/2012. 24 cents of the property contained in R.Survey No. 18/1A of Mangalam Village belongs to the Government. It is submitted that the petitioner was given possession of the above land by way of a lease for agricultural purpose by the Government and the lease was in force about 30 years is the submission. The lease was regularly renewed is the further submission. When the petitioner submitted an application for renewal of the lease for the period of 2013, the said application was rejected by the 3 rd respondent by way of Ext.P7 order. The grievance of the petitioner is that Ext.P7 is an
order passed without giving an opportunity of hearing to the
petitioner.
4. Heard Sr. Counsel Sri.T.Krishnanunni instructed by his retaining counsel. I also heard Adv. Jamsheed Hafiz. WP(C) Nos. 30841/12 & 20399/13 7
5. The main grievance of the petitioners in these writ
petitions is that the impugned orders are passed without giving an opportunity of hearing to the petitioners. When W.P.(C.) No. Court stayed the further action based on Ext.P9. The interim
order was extended by this Court regularly. After hearing both
sides, I am of the considered opinion that the impugned orders in these writ petitions can be set aside and the District Collector can be directed to reconsider the matter after giving an opportunity of hearing to the petitioners. Till then, the status quo as on today regarding the property can continue. But, I make it clear that I have not considered the matter on merit. Therefore, these writ petitions are disposed with the following directions : 1) Ext.P9 in W.P.(C.) No. 30841/2012 and Ext.P7 in W.P.(C.) No. 20399/2013 are quashed. 2) The District Collector, Malappuram is directed to reconsider the matter, after giving an opportunity of hearing to the petitioners in these cases as expeditiously as WP(C) Nos. 30841/12 & 20399/13 8 possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. 3) Till orders are passed as directed above, the status quo regarding the property in dispute will continue. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) Nos. 30841/12 & 20399/13 9 APPENDIX OF WP(C) 20399/2013 PETITIONER EXHIBITS
EXHIBIT-P1-TRUE COPY OF THE RECEIPT FOR PAYMENT OF RENTAL FEE FOR THE LEASE PERTAINING TO 1993 DATED 03/07/1993. EXHIBIT-P2-TRUE COPY OF THE RECEPIT OF PAYMENT OF RENTAL FEE FOR THE LEASE PERTAINING TO 1995 DATED 21/03/1995. EXHIBIT-P3-TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT RENEWING THE LEASE FOR THE PERIOD 2006 TO 2008 DATED 30/06/2007. EXHIBIT-P4-TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT RENEWING THE LEASE FOR THE PERIOD OF 2010 - 2011 DATED 06/08/2010. EXHIBIT-P5-TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT RENEWING THE LEASE FOR THE PERIOD OF 2011 - 2011 DATED 01/12/2012. EXHIBIT-P6-TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 19/02/2013. EXHIBIT-P7-TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT REJECTING THE APPLICATION FOR LEASE DATED 05/07/2013.
WP(C) Nos. 30841/12 & 20399/13 10 APPENDIX OF WP(C) 30841/2012 PETITIONER EXHIBITS Exhibit.P1: True copy of the proceedings of the 2nd respondent dated 6-8-2010. EXHIBIT-P2 True copy of the receipt Issued by 3rd respondent dated 21-8-2010. EXHIBIT-P3- True copy of the proceedings of the 29 respondent dated 6-11-2009. EXHIBIT-P4- True copy of the receipt issued by 3rd respondent dated 21-11-2009. EXHIBIT-P5- True copy of the order granting lease dated 6-8- 2010. EXHIBIT-P6- True copy of the application filed by the petitioner and others dated 24-2-2012. EXHIBIT-P7- True copy of the representation submitted by the petitioner before the 1st respondent on 10-7-2012. EXHIBIT-P8 Tue copy of the report submitted by the 2nd respondent to the 1st respondent dated 8-8-2012. EXHIBIT-P9 True copy of the order of the 1st respondent dated 27-11-2012 RESPONDENT'S EXHIBITS NIL