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2025 DAILYLAW 5196 (KER)

SUBAIR K.H., v. STATE OF KERALA,

WP(C)/11862/2025 · 2025-03-25

Mohammed Nias C P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 11862 OF 2025 1 2025:KER:25431 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 11862 OF 2025 PETITIONERS: 1 SUBAIR K.H., AGED 40 YEARS S/O. LATE HAMSA, PANAKKALPARAMBU, T.B ROAD, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678541 2 SHAREEFA K.M., AGED 78 YEARS W/O. LATE HAMSA,PANAKKAL PARAMBU, T.B ROAD, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678541 BY ADV MILLU DANDAPANI RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR, PALAKKAD DISTRICT COLLECTORATE KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, KERALA, PIN - 678013 3 THE REVENUE DIVISIONAL OFFICER THE OFFICE OF THE REVENUE DIVISIONAL OFFICER,PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD, KERALA, PIN - 678001 4 THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER, ALATHUR, PALAKKAD, PIN - 678541 WP(C) NO. 11862 OF 2025 2 2025:KER:25431 5 THE TAHSILDAR (LR) OFFICE OF THE TAHSILDAR ALATHUR, PALAKKAD, PIN - 678541 6 THE SECRETARY, ALATHUR GRAMA PANCHYATH, PALAKKAD BANK RD., ALATHUR, PIN - 678541 7 THE PRESIDENT, ALATHUR GRAMA PANCHYATH, PALAKKAD BANK RD, ALATHUR, KERALA, PIN - 678541 8 THE DEPUTY DIRECTOR OF PANCHYATH OFFICE OF THE DEPUTY DIRECTOR OF PANCHYATH CIVIL STATION, S FORT ROAD, KUNATHURMEDU, PALAKKAD, PIN - 678001 9 KRISHNADAS.V, S/O LATE V. KARUNAKARAN NAIR, RESIDING AT VELUTHAKAL HOUSE, OPPOSITE T B MAIN ROAD, ALATHUR, PALAKKAD, PIN - 678541 0 MURUGANKUTTY, S/O PAZHANAN RESIDING AT KANNAMPARAMB HOUSE KAVASSERY, PALAKKAD DISTRICT, PIN - 678541 OTHER PRESENT: SRI.DHEERAJ A.S., GP SRI.RAJIT, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11862 OF 2025 3 2025:KER:25431 MOHAMMED NIAS C.P., J ............................................................ WP(C)NO.11862 of 2025 ............................................................. Dated this the 25th day of March, 2025 JUDGMENT The petitioners are stated to be the owners of the property inherited from one late Hamsa, who is the father of the 1st petitioner and the husband of the 2nd petitioner, through a gift deed dated 12.06.2020. It is submitted that the property was erroneously shown as 'Puramboke' in the Basic Tax Register and steps were taken to get the same rectified. It is stated that the neighbouring land owners claiming access, oppose the petitioners' claim. Petitioners apprehend that through Exts.P6 and P7, the possession and enjoyment of the petitioners will be disturbed. The 1st petitioner filed Exts.P8 and P9 representations before the 6th and 8th respondents and submitted that no decision has been taken on the same so far. 2. Under such circumstances, there will be a direction to respondents 6 and 8 to consider Exts.P8 and P9 respectively, WP(C) NO. 11862 OF 2025 4 2025:KER:25431 within six weeks from the date of receipt of a copy of the judgment with notice to the petitioners and to all other affected parties. Till a decision is taken and communicated to the petitioners, the status quo as of today shall be maintained. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS C.P. JUDGE Anu WP(C) NO. 11862 OF 2025 5 2025:KER:25431 APPENDIX OF WP(C) 11862/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GIFT DEED EXECUTED IN FAVOUR OF THE PETITIONERS BY LATE HAMSA, DATED 12.06.2020 Exhibit P2 THE TRUE COPY OF THE SALE DEED NO.2380 OF SRO ALATHUR BY WHICH THE SRI HAMSA HAD PURCHASED THE PROPERTY DATED 12.06.1980 Exhibit P3 THE TRUE COPY OF THE REQUEST MADE BY THE FATHER OF THE 1ST PETITIONER TO THE 4TH RESPONDENT DATED 22/07/2019 Exhibit P4 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONERS BEFORE THE 5TH RESPONDENT DATED 10.07.2024 Exhibit P5 THE TRUE COPY OF THE LETTER ISSUED BY THE 6TH RESPONDENT DATED 4/01/1999 Exhibit P6 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 6TH RESPONDENT DATED 23.08.2024 Exhibit P7 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT O THE 2ND RESPONDENT DATED 20.09.2024 Exhibit P8 THE TRUE COPY OF THE LETTER IN THE FORM OF AN EMAIL SENT ON BEHALF OF THE 1ST PETITIONER TO THE 6TH RESPONDENT DATED 17.03.2025 Exhibit P9 THE TRUE COPY OF THE LETTER IN THE FORM OF AN EMAIL SENT ON BEHALF OF THE 1ST PETITIONER TO THE 8TH RESPONDENT DATED 17.03.2025