Disposed

Jacob Oommen v. State of Kerala

Kerala HC2 Apr 2008WP(C)/5587/2008

Case brief

AI extract

What is this about?

This writ petition challenged an auction notice issued while an application for land utilisation permission was pending. The court directed the respondent to decide the pending application with notice and a hearing, stayed the auction proceedings, and granted a two-month timeline for compliance.

What did the court decide?

Direction to the 2nd respondent to take a final decision on Ext.P7 with notice and hearing within two months; stay on further proceedings pursuant to Ext.P9 until then.

Jacob Oommen Vs State of Kerala — Land Acquisition | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930

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WP(C).No. 5587 of 2008(M)

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PETITIONER:

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--------------------

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JACOB OOMMEN, S/O.KOCHUMMEN, AGED 45 YEARS, RESIDING PERMANENTLY AT MANANTHARAYIL, JJ VILLA, VETTUVENY, PALLIPPAD, ALAPPUZHA.

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BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.) SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.NEELIMA V.NAIR

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM.

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2. THE REVENUE DIVISIONAL OFFICER, CHENGANOOR.

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BY GOVERNMENT PLEADER SRI. M.R. SABU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.5587/2008 M

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1:	COPY OF ORDER NO.INDTOUR/CHENNAI/HTL/APL/2007 (KER)/07 DTD. 26/04/2007.
EXT.P2:	COPY OF ORDER NO.B 992/07 DTD. 18/04/2007 ISSUED BY THE SECOND RESPONDENT.
EXT.P3:	COPY OF NOTICE NO.KLU B 992/07 DTD. 28/05/2007 ISSUED BY THE SECOND RESPONDENT.
EXT.P4:	COPY OF REPLY DTD. 16/06/2007 GIVEN ON BEHALF OF THE PETITIONER.
EXT.P5:	COPY OF THE ORDER NO.992/07/8 DTD. 2/07/2007.
EXT.P6:	COPY OF ORDER NO.992/07/KLU/B DTD. 2/07/2007 ISSUED BY THE SECOND RESPONDENT.
EXT.P7:	COPY OF APPLICATION DTD. 9/10/2007.
EXT.P8:	COPY OF REPORT OF THE VILLAGE OFFICER DTD.10/10/2007.
EXT.P9:	COPY OF ORDER BEARING NUMBER AND DATE ISSUED BY THE 2ND RESPONDENT.
EXT.P10:	COPIES OF PHOTOGRAPHS OF THE PROPERTY.

/TRUE COPY/

P.S.TO JUDGE

Kss

ANTONY DOMINIC, J.

W.P.(C) 5587 of 2008

Dated: APRIL 2, 2008

JUDGMENT

The matter arises under the Land Utilisation Order. The

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challenge in this writ petition is against Ext.P9 auction notice.

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At the time when the petition was admitted on 15.2.2008, this court had granted a stay of the said notice and that order is in force even now.

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It is seen that the petitioner has already submitted an application seeking permission of the 2^nd respondent in terms of the provisions contained under the Land Utilisation Order. The learned counsel appearing for the petitioner also refers to Ext.P2, a previous order, and also Ext.P8, report of the village officer, favourable to the petitioner. It is submitted that while Ext.P7 application is pending consideration of the 2^nd respondent, Ext.P9 notice was issued.

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Having regard to the facts as stated above, I feel that what

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WP(C) 5587/08

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Page numbers

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is appropriate in the circumstances is that the 2^nd respondent should take a final decision on Ext.P7 adverting to the materials that are available.

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Accordingly, I dispose of this writ petition directing that the 2^nd respondent shall take a final decision on Ext.P7 with notice to the petitioner and after affording an opportunity of hearing to him as well. This shall be done by the 2^nd respondent as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. It is directed that in the meanwhile all further proceedings pursuant to Ext.P9 will stand stayed.

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Petitioner shall produce a copy of this judgment before the

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2^nd respondent for compliance.

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ANTONY DOMINIC, JUDGE

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mt/-

Jacob Oommen v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jacob Oommen v. State of Kerala

Case brief

What is this about?

What did the court decide?

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