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2025 DAILYLAW 7504 (KER)

IBNU ABBAS v. DISTRICT COLLECTOR

WP(C)/17903/2019 · 2025-04-03

Mohammed Nias C P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:28423 WP(C) No. 17903 of 2019 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 17903 OF 2019 PETITIONER: IBNU ABBAS, AGED 47 YEARS, S/O.MOOSAKUTTY, ODINJILIL HOUSE, VAZHAYOOR AMSOM DESOM, POST VAZHAYOOR, KONDOTTY TALUK, MALAPPURAM DISTRICT. BY ADVS. VINOD RAVINDRANATH SMT.MEENA.A. SMT.M.R.MINI SRI.K.C.KIRAN SRI.ASHWIN SATHYANATH SRI.ROHIT NANDAKUMAR SHRI.ANISH ANTONY ANATHAZHATH RESPONDENTS: 1 DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM-676505. * ADDL.R2 M.M.ABOOBACKER, AGED 63 YEARS, S/O. BEERAN, MAMIYIL HOUSE, VAZHAYOOR, KONDOTTY TALUK, MALAPPURAM DISTRICT-673638. * ADDL.R2 IMPLEADED AS PER ORDER DATED 28.02.2023 IN I.A.NO.1/2023 IN W.P.(C) NO.17903/2019. 2025:KER:28423 WP(C) No. 17903 of 2019 -2- R1 SRI.JAFAR KHAN Y., SPECIAL GOVERNMENT PLEADER R2 ADV.ANIL KUMAR M.SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28423 WP(C) No. 17903 of 2019 -3- MOHAMMED NIAS C.P., J. ---------------------------------------------- W.P.(C) No.17903 of 2019 --------------------------------------------- Dated this the 3rd day of April, 2025 JUDGMENT The petitioner challenges Ext.P13 order passed under the Kerala Land Conservancy Act, 1957. The petitioner had also filed O.S.No.46/2012 on the files of the Munsiff's Court, Parappanangadi, for declaring his title over the property and the same was pending at the time of filing the writ petition. 2. It is submitted by both sides that the above suit was dismissed on 29.03.2025. 3. The learned counsel for the petitioner submits that the petitioner intends to challenge the judgment and decree by filing an appeal. In view of the finding of the civil court, I am not inclined to grant any relief in this writ petition and the same is closed 2025:KER:28423 WP(C) No. 17903 of 2019 -4- without prejudice to the contentions of the parties in the writ petition. Sd/- MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:28423 WP(C) No. 17903 of 2019 -5- APPENDIX OF WP(C) 17903/2019 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE MAP TAKEN FROM KERALA ARCHIVES DATED NIL. EXHIBIT P2 TRUE COPY OF LOCATION SKETCH PREPARED BY THE PETITIONER DATED NIL. EXHIBIT P3 TRUE COPY OF THE SURVEY SETTLEMENT REGISTER WITH RESPECT TO SY.NO.137. EXHIBIT P4 TRUE COPY OF B FORM NOTICE ISSUED BY TAHSILDAR, ERNAD, DATED 22.2.2012 TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED 24.2.2012 OF THE TAHSILDAR ERNAD. EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS DATED 5.9.2012 OF THE SUB COLLECTOR, PERINTHALMANNA. EXHIBIT P7 TRUE COPY OF THE PLAINT IN O.S.NO.46/2012 DATED 21.2.2012. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 23.6.2017 FROM TAHSILDAR, KONDOTTY TO VILLAGE OFFICER, VAZHAYOOR. EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED 16.8.2017 IN WP(C) 27043/2017. EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS DATED 15.12.2017 OF THE TAHSILDAR. EXHIBIT P11 TRUE COPY OF THE ORDER DATED 29.01.2018 OF THE REVENUE DIVISIONAL OFFICER. 2025:KER:28423 WP(C) No. 17903 of 2019 -6- EXHIBIT P12 TRUE COPY OF THE REVISION PETITION DATED 14.02.2018 FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, MALAPPURAM. EXHIBIT P13 TRUE COPY OF THE ORDER DATED 18.06.2019 ISSUED BY RESPONDENT. RESPONDENTS' EXHIBITS EXHIBIT R1(A) A TRUE COPY OF THE RE-SETTLEMENT REGISTER PERTAINING TO THE PROPERTY EXHIBIT R1(B) A TRUE COPY OF THE BASIC TAX REGISTER.