Fathima vs the District Collector,

Fathima vs The District Collector,

Type Court Judgment Court Kerala Orders Decided Nov 24, 2021

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https://sooperkanoon.com/case/1704246

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Citation: sooperkanoon.com/1704246
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Nov 24, 2021
Case Number: OP(C)/2164/2021

Parties & Advocates

Appellant / Petitioner

Fathima

Respondent

The District Collector,

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice v.g.arun wednesday, the 24th day of november 2021 / 3rd agrahayana, 1943 against the order no.c23767/12 in os 275/2021 of munsiff court, perumbavoor, ernakulam petitioner/plaintiff no.1: 1 fathima aged 75 years w/o. late ibrahim, angadiparambil (mookkada) house, vallam kara, chelamattam village, kunnathunadu taluk, ernakulam district,pin-683 550by adv maitheen m.pareeth respondents/defendants 1 to 5 & plaintiffs 2 to 7 in o.s. no.275/2021: 1 the district collector, civil station, kakkanad, ernakulam district, pin-682 030 2 the tahsildar, 3 the tahsildar (land assignment), 4 the village officer, chelamattam village, okkal, ernakulam district, pin-683 550 5 the secretary, perumbavoor municipality, perumbavoor, pin-683 542 6 aysha aged 57 years 7 m.e.jabbar, aged 50 years 8 seenath, aged 44 years 9 mujeeb aged 42 years 10 najeeb.m.e., aged 40 years 11 jaseena.m.e., aged 38 years by adv. sri.jacob e simon, gp adv. sri. mathew bob kurian, sc for perumbavoor municipality this op (civil) having come up for admission on 2 4.11.2021, the court on the same day delivered the following:judgmentdated this the 24th day of november, 2021 it is seen that the order under challenge is one issued by the kunnathunadu tahsildar, in exercise of his authority under the land conservancy act. hence, the remedy is to file a writ petition and not an original petition. the original petition is dismissed, reserving petitioner’s liberty to seek appropriate remedy. sd/- v.g.arun judge nb/24-11 appendix of op(c) 2164/2021 petitioner’s exhibits: exhibit p1 a true photocopy of the notice no.c2- (l.c.03/2016) dated 27.08.2021 issued by the 3rd respondent exhibit p2 a true photocopy of the order no.c23767/12 dated 21.10.2021 issued by the 3rd respondent exhibit p3 a true copy of the os no.275/2021 before the munsiff court, perumbavoor dated 01.11.2021 respondents’ exhibits: nil true copy p.a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943 AGAINST THE ORDER NO.C23767/12 IN OS 275/2021 OF MUNSIFF COURT, PERUMBAVOOR, ERNAKULAM PETITIONER/PLAINTIFF NO.1: 1 FATHIMA AGED 75 YEARS W/O. LATE IBRAHIM, ANGADIPARAMBIL (MOOKKADA) HOUSE, VALLAM KARA, CHELAMATTAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT,PIN-683 550
BY ADV MAITHEEN M.PAREETH RESPONDENTS/DEFENDANTS 1 TO 5 & PLAINTIFFS 2 TO 7 IN O.S. NO.275/2021: 1 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN-682 030 2 THE TAHSILDAR, 3 THE TAHSILDAR (LAND ASSIGNMENT), 4 THE VILLAGE OFFICER, CHELAMATTAM VILLAGE, OKKAL, ERNAKULAM DISTRICT, PIN-683 550 5 THE SECRETARY, PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR, PIN-683 542 6 AYSHA AGED 57 YEARS 7 M.E.JABBAR, AGED 50 YEARS 8 SEENATH, AGED 44 YEARS 9 MUJEEB AGED 42 YEARS 10 NAJEEB.M.E., AGED 40 YEARS 11 JASEENA.M.E., AGED 38 YEARS BY ADV. SRI.JACOB E SIMON, GP ADV. SRI. MATHEW BOB KURIAN, SC FOR PERUMBAVOOR MUNICIPALITY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 2 4.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 24th day of November, 2021 It is seen that the order under challenge is one issued by the Kunnathunadu Tahsildar, in exercise of his authority under the Land Conservancy Act. Hence, the remedy is to file a Writ Petition and not an Original Petition. The original petition is dismissed, reserving petitioner’s liberty to seek appropriate remedy. Sd/- V.G.ARUN JUDGE NB/24-11 APPENDIX OF OP(C) 2164/2021 PETITIONER’S EXHIBITS: EXHIBIT P1 A TRUE PHOTOCOPY OF THE NOTICE NO.C2- (L.C.03/2016) DATED 27.08.2021 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 A TRUE PHOTOCOPY OF THE ORDER NO.C23767/12 DATED 21.10.2021 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF THE OS NO.275/2021 BEFORE THE MUNSIFF COURT, PERUMBAVOOR DATED 01.11.2021 RESPONDENTS’ EXHIBITS: NIL True Copy P.A to Judge

Same Court & Year Kerala Orders · 2021 Same Parties Fathima vs The District Collector, Same Judge Honourable Mr.Justice V.G.Arun