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2024 Supreme(Online)(KER) 55712

HIGH COURT OF KERALA
P.M. MANOJ, J
ABDUL RAZAK – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 15045 OF 2016



Advocates:
For the Appellants/Petitioners: SRI.C.M.MOHAMMED IQUABAL, SRI.ANILKUMAR V. VAZHARAMBIL
For the Respondents: SMT.RASHMI.K.M, SENIOR GOVERNMENT PLEADER

Judicial relief cannot be granted when the prayers made in the writ petition are deemed infructuous.

Headnote:The petitioner seeks relief by quashing an order and mandating corrections as per Act 28 of 2008 regarding land status. The court finds the relief sought to be infructuous, leading to a dismissal of the petition. The crucial issues framed pertain to the validity of the orders and the compliance with statutory requirements. The court states, 'the prayers sought for in this writ petition have become infructuous.' The final result is the dismissal of the writ petition as infructuous.

Table of Content
1. seeking judicial relief based on statutory compliance. (Para 1)
2. relief sought was found to be infructuous. (Para 2)

JUDGMENT

Dated this the 3 rd day of December, 2024 The writ petition is preferred seeking the following reliefs:

“i) Call for the records leading up to Ext.P12 order and quash the same by issuance of a writ of certiorari or any other appropriate writ, order or direction.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 6th respondent to correct the present position of the land as per the Act 28 of 2008 with regard to the property situated in Survey No.208/1 of Neduva Village in Ext.P7 draft data bank prepared by them.

iii) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.”

2. When this writ petition came up for consideration today, the learned counsel for the petitioner submitted that the prayers sought for in this writ petition have become infructuous.

Therefore, this writ petition is dismissed as infructuous.

Sd/-

P.M.MANOJ JUDGE das APPENDIX OF WP(C) 15045/2016 PETITIONER EXHIBITS P1 : THE TRUE COPY OF THE POSSESION CERTIFICATE NO.10924230 ISSUED BY THE NEDUVA VILLAGE OFFICE DATED 20.3.2015.

P1(A) : THE TRUE COPY OF THE POSSESION CERTIFICATE NO.10916373 ISSUED BY NEDUVA VILLAGE OFFICE DATED 20.3.2015.

P1(B) : THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.10913310 ISSUED BY NEDUVA VILLAGE OFFICE DATED 20.3.2015 P2 : THE TRUE COPY OF THE ORDER DATED 18.5.1993 P3 : THE TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER.

P4 : THE TRUE COPY OF THE NOTICE ISSUED BY THE

3RD RESPONDENT DATED 11.6.2002 P5 : THE TRUE COPY OF THE ORDER DATED 10.6.2003 OF THE 2ND RESPONDENT.

P6 : THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 14.12.1987 P7 : THE TRUE COPY OF THE DRAFT DATA BANK PREPARED AS PER Act 28 of 2008 P8 : THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 16.7.2012 P9 ; THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDNET DATED 14.12.2015 P10 : THE TRUE COPY OF THE JUDGMENT DATED

5.1.2016 IN WPC.NO. 204/2016 OF THIS HON'BLE COURT.

P11 : TRUE COPY OF THE MINUTES DATED 23.2.2016 OF THE 5TH RESONDENT P12 : THE TRUE COPY OF THE DECISION DATED

3.3.2016 OF THE 5TH RESPONDENT.

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