Kerala High Court
WP(C)/35816/2019 of KEERIRAKATH MUSTAFA, Vs THE DISTRICT COLLECTOR, on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF DECEMBER 2019/10TH POUSHA, 1941 WP(C).No.35816 OF 2019(B) PETITIONER/S: KEERIRAKATH MUSTAFA, AGED 49 YEARS S/O.AHMED, MORAZHA, TALIPARAMBA, KANNUR DISTRICT, PIN - 670 141. BY ADVS. SRI.K.N.ABHILASH
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF DECEMBER 2019/10TH POUSHA, 1941
WP(C).No.35816 OF 2019(B)
PETITIONER/S:
RESPONDENT/S:
WP(C).No.35816 OF 2019(B)
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6THE ASSISTANT ENGINEER,PWD MADAYI DIVISION, MADAYI, TALIPARAMBA, KANNUR, PIN - 670 141.
OTHER PRESENT:
SRI. BIMAL K NATH , SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 31.12.2019, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
WP(C).No.35816 OF 2019(B)
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JUDGMENT
The petitioner and his brother are said to bein possession of a property in MorazhaVillage, Kannur District as per Ext.P1 sale deed. The petitioner has constructed acommercial building in the said property. Itis the apprehension of the petitioner that the respondents are attempting to acquire his property without due process of law. The petitioner prays that the respondents berestrained from forcefully and unlawfullyacquiring his property.
2. Heard the learned counsel for the petitionerand the learned Government Pleader.
3. ThelearnedGovernmentPleader,on instructions, submits that if the property ofthe petitioner is proposed to be acquired, itwill only be done in accordance with law afterputting the petitioner on notice.
The above submission of the learned Government WP(C).No.35816 OF 2019(B)
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Pleader is recorded and the writ petition isordered accordingly.
Sd/-JUDGE
C.S.DIAS
Bka/31.12.2019
WP(C).No.35816 OF 2019(B)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1THE TRUE COPY OF THE SALE DEED NO.558/2008 DATED 22/2/2008 OF THE SROKALLIASSERY EXECUTED BY MR.ABDUL MAJEED IN FAVOR OF THE PETITIONER AND ANOTHER.NO.558/2008 DATED 22/2/2008 OF THE SROKALLIASSERY EXECUTED BY MR.ABDUL MAJEED IN FAVOR OF THE PETITIONER AND ANOTHER.
EXHIBIT P2THE TRUE COPY OF THE LAND TAX RECEIPT DATED 23/5/2019 ISSUED BY THE 3RD RESPONDENT.DATED 23/5/2019 ISSUED BY THE 3RD RESPONDENT.EXHIBIT P3THE TRUE COPY OF THE SKETCH PREPARED BY THE 3RD RESPONDENT DATED 23/6/2008.BY THE 3RD RESPONDENT DATED 23/6/2008.EXHIBIT P4THE TRUE COPY OF THE APPROVED PLAN DATED 13/5/2008 BY THE THALIPARAMBA MUNICIPALITY, KANNUR DISTRICT.DATED 13/5/2008 BY THE THALIPARAMBA MUNICIPALITY, KANNUR DISTRICT.EXHIBIT P5THE TRUE COPY OF THE BUILDING TAX RECEIPT NO.22513 DATED 1/2/2019 ISSUEDBY THE ANTHOOR MUNICIPALITY, KANNUR DISTRICT.RECEIPT NO.22513 DATED 1/2/2019 ISSUEDBY THE ANTHOOR MUNICIPALITY, KANNUR DISTRICT.EXHIBIT P6THE TRUE COPY OF THE BUILDING TAX RECEIPT NO.22514 DATED 1/2/2019 ISSUEDBY THE ANTHOOR MUNICIPALITY, KANNUR DISTRICT.RECEIPT NO.22514 DATED 1/2/2019 ISSUEDBY THE ANTHOOR MUNICIPALITY, KANNUR DISTRICT.EXHIBIT P7THE TRUE COPY OF THE BUILDING TAX RECEIPT NO.22515 DATED 1/2/2019 ISSUEDBY THE ANTHOOR MUNICIPALITY, KANNUR DISTRICT.RECEIPT NO.22515 DATED 1/2/2019 ISSUEDBY THE ANTHOOR MUNICIPALITY, KANNUR DISTRICT.EXHIBIT P8THE TRUE PHOTOGRAPHS OF THE PETITIONER'S BUILDING.PETITIONER'S BUILDING.