M.Ammini vs Manoj - Court Judgment

SooperKanoon Citationsooperkanoon.com/1389606
CourtKerala High Court
Decided OnMay-31-2023
Case NumberWP(C)/20617/2014
JudgeHonourable Mr.Justice Viju Abraham
AppellantM.Ammini
RespondentMANOJ
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice viju abraham wednesday, the 31st day of may 2023 / 10th jyaishta, 1945 petitioner: m.ammini, w/o. ramakrishnan, anikkadi chakliya colony, kodakkad p.o., via-thrikkaripoor, kasaragod district. sri.gopakumar r.thaliyal sri.r.b.rajesh respondents:1 manoj, s/o.janaki, president, muvari samudaya sangham, padinhare veettil, kunnumkinattukara, kodakkad village, 2 m.v.mohanan so.krishnan, secretary muvari samudaya sangham, residing at vannolam, kodakkad village, 3 the secretary pilicod grama panchayath,pilicod p.o. kasaragod district, pin - 671 310. 4 the assistant environmental engineer kerala state pollution control board, district office, kanhangad (p.o.), kasaragod, pin - 671 315. 5 the district medical officer kasaragod pin - 671 315. 6 the district collector kasaragod district vidya nagar kasaragod, pin - 671 121. 7 the sub divisional magistrate kasargod kanhanged p.o. pin - 671 315. sri.k.p.harishgp - bimal k.nath this writ petition (civil) having come up for admission on 31.05.2023, the court on the same day delivered the following: viju abraham, j wp(c) no.20617 of 2014 st dated this the 31 day of may, 2023j u d g m e n tpetitioner has approached this court seeking a direction to the respondents 3 to 7 not to grant any license for the construction of burial ground in the property situated in re- survey number 367 of kodakkad village, hosdurg taluk, kasaragod district.2. petitioner submitted that the government of keralaassigned landed property to the extent of 15 cents each in resurvey number 367 of kodakkad village, hosdurg taluk, kasaragod district to the members of the scheduled caste community, including the petitioner. after assigning 15 cents of land in the said survey number, mutation was effected as is evident from ext.p1. respondents 1 and 2 who belong to muvari community purchased the land assigned to certain scheduled caste members at a lower price and they attempted to construct a burial ground for their community. aggrieved by th the same, the petitioner has approached the 7 respondent and submitted ext.p2 petition and the seventh respondent passed a conditional order under section 133 of the code of criminal procedure, directing the respondents 1 and 2 to stop the construction of the graveyard in resurvey no.367 of kodakkad village. later on the said order was made absolute as per ext.p3. petitioner submitted that ext.p3 and ext.p4 have become final and the same have not been challenged in any proceedings. learned counsel appearing for the respondents 1 and 2 upon instructions submitted that they have no intention to construct a burial ground in the property comprising resurvey no.367 of kodakkad village, hosdurg taluk, kasaragod district, which is covered by ext.p3 and ext.p4 orders. recording the same, the writ petition is closed. sd/- viju abraham, judge r.av appendix of wp(c) 20617/2014 petitioner exhibits exhibit p1 copy of the land tax receipt dtd.22.4.2014. exhibit p2 copy of representation dtd.24.1.2014. exhibit p3 copy of order passed by the 7th respondent dtd.26.1.2014. exhibit p4 copy of order passed by the 7th respondent dtd.25.1.2014. exhibit p5 copy of the complaint dtd.27.1.2014. exhibit p6 copy of the representation dtd.4.2.2014 submitted before the 3rd respondent. exhibit p7 copy of the representation dtd.4.2.2014 submitted before the 6th respondent.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 PETITIONER: M.AMMINI, W/O. RAMAKRISHNAN, ANIKKADI CHAKLIYA COLONY, KODAKKAD P.O., VIA-THRIKKARIPOOR, KASARAGOD DISTRICT. SRI.GOPAKUMAR R.THALIYAL SRI.R.B.RAJESH RESPONDENTS:

1 MANOJ, S/O.JANAKI, PRESIDENT, MUVARI SAMUDAYA SANGHAM, PADINHARE VEETTIL, KUNNUMKINATTUKARA, KODAKKAD VILLAGE, 2 M.V.MOHANAN SO.KRISHNAN, SECRETARY MUVARI SAMUDAYA SANGHAM, RESIDING AT VANNOLAM, KODAKKAD VILLAGE, 3 THE SECRETARY PILICOD GRAMA PANCHAYATH,PILICOD P.O. KASARAGOD DISTRICT, PIN - 671 310. 4 THE ASSISTANT ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KANHANGAD (P.O.), KASARAGOD, PIN - 671 315. 5 THE DISTRICT MEDICAL OFFICER KASARAGOD PIN - 671 315. 6 THE DISTRICT COLLECTOR KASARAGOD DISTRICT VIDYA NAGAR KASARAGOD, PIN - 671 121. 7 THE SUB DIVISIONAL MAGISTRATE KASARGOD KANHANGED P.O. PIN - 671 315. SRI.K.P.HARISH

GP - BIMAL K.NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VIJU ABRAHAM, J WP(C) No.20617 of 2014 st Dated this the 31 day of May, 2023

J U D G M E N T

Petitioner has approached this court seeking a direction to the respondents 3 to 7 not to grant any license for the construction of burial ground in the property situated in Re- survey Number 367 of Kodakkad Village, Hosdurg Taluk, Kasaragod District.

2. Petitioner submitted that the Government of Kerala

assigned landed property to the extent of 15 cents each in Resurvey Number 367 of Kodakkad Village, Hosdurg Taluk, Kasaragod District to the members of the Scheduled Caste community, including the petitioner. After assigning 15 cents of land in the said survey number, mutation was effected as is evident from Ext.P1. Respondents 1 and 2 who belong to Muvari community purchased the land assigned to certain scheduled caste members at a lower price and they attempted to construct a burial ground for their community. Aggrieved by th the same, the petitioner has approached the 7 respondent and submitted Ext.P2 petition and the seventh respondent passed a conditional order under Section 133 of the Code of Criminal Procedure, directing the respondents 1 and 2 to stop the construction of the graveyard in Resurvey No.367 of Kodakkad Village. Later on the said order was made absolute as per Ext.P3. Petitioner submitted that Ext.P3 and Ext.P4 have become final and the same have not been challenged in any proceedings. Learned counsel appearing for the respondents 1 and 2 upon instructions submitted that they have no intention to construct a burial ground in the property comprising Resurvey No.367 of Kodakkad Village, Hosdurg Taluk, Kasaragod District, which is covered by Ext.P3 and Ext.P4 orders. Recording the same, the writ petition is closed. Sd/- VIJU ABRAHAM, JUDGE R.AV APPENDIX OF WP(C) 20617/2014 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE LAND TAX RECEIPT DTD.22.4.2014. EXHIBIT P2 COPY OF REPRESENTATION DTD.24.1.2014. EXHIBIT P3 COPY OF ORDER PASSED BY THE 7TH RESPONDENT DTD.26.1.2014. EXHIBIT P4 COPY OF ORDER PASSED BY THE 7TH RESPONDENT DTD.25.1.2014. EXHIBIT P5 COPY OF THE COMPLAINT DTD.27.1.2014. EXHIBIT P6 COPY OF THE REPRESENTATION DTD.4.2.2014 SUBMITTED BEFORE THE 3RD RESPONDENT. EXHIBIT P7 COPY OF THE REPRESENTATION DTD.4.2.2014 SUBMITTED BEFORE THE 6TH RESPONDENT.