Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 7990 (KER)

MANUFUDDIN S v. STATE OF KERALA

WP(C)/26653/2017 · 2025-04-03

Mohammed Nias C P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 26653 OF 2017 1 2025:KER:28552 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. 26653 OF 2017 PETITIONER: MANUFUDDIN S AGED 61 YEARS, S/O.SHAIK MOIDEEN RAWTHER A1-FATHIMA MANZIL, KURIYODE P.O., KURIYOD, KOLLAM DISTRICT, PIN-691534. BY ADVS. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2 THE DISTRICT COLLECTOR COLLECTORATE, KOLLAM-691013. 3 THE ADDITIONAL TAHSILDAR KOTTARKKARA TALUK, KOLLAM DISTRICT-691532. 4 THE VILLAGE OFFICER MANKODE VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN-689695. BY ADV SMT.SURYA BINOY, SENIOR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 26653 OF 2017 2 2025:KER:28552 MOHAMMED NIAS C.P., J ............................................................ W.P.(C) No.26653 of 2017 ............................................................. Dated this the 03rd day of April, 2025 JUDGMENT The petitioner challenges Exts.P8 and P9 orders directing restoration of the property allegedly reclaimed by him, and there is also a prayer to direct the 3rd respondent to consider Ext.P7 objection and to pass orders in terms of the Kerala Conservation of Paddy Land and Wetland Act, 2008. It is submitted that earlier, the petitioner had received Ext.P6 notice on 07.02.2014, to which the petitioner preferred Ext.P7 objection. It is seen that no orders were passed on Ext.P6 after the receipt of Ext.P7 objections from the petitioner. 2. Under such circumstances, the 3rd respondent is directed to consider Ext.P7 objection preferred by the petitioner and pass appropriate orders with notice to the petitioner. Till orders are passed as directed above, the status quo as on today shall be maintained. Orders shall be passed within two months WP(C) NO. 26653 OF 2017 3 2025:KER:28552 from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS C.P. Anu JUDGE WP(C) NO. 26653 OF 2017 4 2025:KER:28552 APPENDIX OF WP(C) 26653/2017 PETITIONER EXHIBITS EXHIBIT P1- TRUE COPY OF THE SALE DEED DATED 01/08/2009 REGISTERED AS DOCUMENT NO.969/09 OF SRO CHITHARA. EXHIBIT P2- TRUE COPY OF THE SALE DEED DATED 08/06/2011 REGISTERED AS DOCUMENT NO.948/11 OF SRO CHITHARA. EXHIBIT P3- TRUE COPY OF THE LAND IDENTIFICATION DETAILS ISSUED BY STATE PUBLIC INFORMATION OFFICER AND DY. TAHSILDAR, TALUK OFFICE, KOTTARAKKARA. EXHIBIT P4- TRUE COPY OF THE MAHAZAR DT.05/01/2014 OF THE 4TH RESPONDENT. EXHIBIT P5- TRUE C0PY OF THE REPORT DATED 17/01/2014 ISSUED BY THE DY. TAHDILDAR, KOTTARAKKARA TALUK TO THE 3RD RESPONDENT. EXHIBIT P6- TRUE COPY OF THE NOTICE DATED 07/02/2014 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P7- TRUE COPY OF THE STATEMENT DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 20/02/2014. EXHIBIT P8- TRUE COPY OF THE NOTICE DATED 18/07/2014 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P9- TRUE COPY OF THE ORDER BEARING NO.B1- 1956/14 DATED 19/04/2017 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.