Single judge of the Kerala High Court issued interim directions for the revenue authorities to examine a pending representation by the petitioner regarding a land assignment, ordering action within three months.
Direction to authorities to look into the pending representation and take action within 3 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH
FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930
OP.No. 10027 of 2003(R)
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PETITIONER:
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AGHIN TAHIR (MINOR 15 YEARS), S/O. P.C.THAHIR, RESIDING AT `SANA', CHALAPURAM, KASABA VILLAGE, P.O., KOZHIKODE, PIN-673 002, REPRESENTED BY HIS FATHER AS GUARDIAN MR.P.C. THAHIR.
BY ADV. SRI.P.K.IBRAHIM, ADV. SMT.K.P.AMBIKA.
RESPONDENTS:
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1. THE TAHSILDAR, VYTHIRI TALUK, P.O. VYTHIRI, WAYANAD DISTRICT.
2. THE DISTRICT COLLECTOR, WAYANAD.
3. M/S. VYTHIRI PLANTATIONS LTD., 472-473 K.K. NAGAR, MADURAI, TAMIL NADU, REPRESENTED BY ITS MANAGING DIRECTOR, M.SALEEM, BUILDING NO.2794, KAMARAJA ROAD, VILAKATHUR, MADURAI CORPORATION, MADURAI DISTRICT, MADURAI.
*ADDL.R4. ADDITIONAL SALES TAX OFFICER-IV, VYTHIRI, KALPETTA.
*ADDL. R4 IMPLEADED AS PER ORDER DATED 15/12/05 IN I.A. NO. 18367/2005.
BY GOVT. PLEADER SRI. NOBLE MATHEW.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P. NO. 10027/2003-R:
ORDER ON C.M.P. NO. 17287/2003 IN O.P. NO. 10027/2003-R
DISMISSED
08/08/2008.
SD/- KURIAN JOSEPH, JUDGE.
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE DEED OF OF JENMAM ASSIGNMENT DTD. 22/06/02 EXECUTED IN FAVOUR OF THE PETITIONER BY THE R.3.
EXT.P.2: COPY OF THE NOTICE DTD. 15/02/2002 ISSUED BY THE R.1. TO THE R.3.
EXT.P.3: COPY OF THE REPRESENTATION DTD. 15/03/2003 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
prv.
KURIAN JOSEPH, J.
--------------------------------------O.P. No. 10027 OF 2003
Dated this the 8th day of August, 2008.
J U D G M E N T
Petitioner approached this Court aggrieved by Exhibit P2 steps for recovery. Exhibit P3 representation is pending before the Tahsildar, Vythiri Taluk. There will be a direction to the said authority to look into Exhibit P3, with notice to the petitioner and respondents 3 and 4, and take appropriate action thereon in accordance with law within a period of three months from the date of production of a copy of this judgment.
This original petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
KURIAN JOSEPH, J.
O.P. No. 10027 OF 2003
J U D G M E N T
08.08.2008
1 issue framed by the court
Whether to exercise jurisdiction under Article 226 to direct the revenue authorities to consider the petitioner's representation regarding land assignment.
Aghin Tahir
The Tahsildar, Vythiri Taluk
The District Collector, Wayanad
M/s. Vythiri Plantations Ltd.
Kurian Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
