Disposed

K.F.Noushad v. the Dist. Collector, Alappuzha and Othes

Kerala HC21 Jun 2011WP(C)/694/2011

Case brief

AI extract

What is this about?

This writ petition challenged a failure to implement a previous order regarding land reclamation. The court disposed of the petition by directing the Commissioner for Land Revenue to hear the pending appeal and pass final orders within two months.

What did the court decide?

The Commissioner for Land Revenue is directed to consider and pass final orders on the pending appeal and hearing all parties within two months of the date of receipt of this judgment.

K.F.Noushad Vs the Dist. Collector, Alappuzha and Othes — Land Acquisition | Kerala HC (2011)

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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 P.R.RAMACHANDRA MENON

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TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933

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WP(C).No. 694 of 2011(J)

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-----------------------PETITIONER(S):

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

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K.F.NOUSHAD, S/O.ABDUL AZEEZ, AGED 41, GENERAL SECRETARY, PEOPLES MOVEMENT FOR HUMAN RIGHTS (REG.NO.A/8/2001), PAVUKKARA.P.O., MANNAR, ALAPPUZHA DISTRICT.

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BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV

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RESPONDENT(S):

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

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1. THE DISTRICT COLLECTOR, ALAPPUZHA.

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2. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR, ALAPPUZHA. 688 001.

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3. THE VILLAGE OFFICER, CHENNITHALA, ALAPPUZHA DISTRICT. 688 001.

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4. ACHUTHAN PILLAI, ANJALI, CHENNITHALA.P.O, ALAPPUZHA DISTRICT. 688 001.

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*ADDL.R5. THE COMMISSIONER FOR LAND REVENUE GOVERNEMNT OF KERALA THIRUVANANTHAPURAM

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ADV. SRI.P.B.SAHASRANAMAN FOR R4 SRI.T.S.HARIKUMAR FOR R4 SRI.K.JAGADEESH FOR R4 GOVERNMENT PLEADER SRI.P.NARAYANAN

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*** ADDL.R5 IS SUO-MOTU IMPLEADED AS PER JUDGMENT DATED 21.06.2011 IN W.P(C)NO.694 OF 2011**

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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dmb

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WP(C).No. 694 of 2011

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1:COPY OF THE REGISTRATION CERTIFICATE OF PEOPLES' MOVEMENT FOR HUMAN RIGHTS

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EXT.P2:COPY OF THE REPRESENTATION DATED 3.5.2010 SUBMITTED BEFORE THE 2ND RESPONDENT

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EXT.P3:COPY OF THE REPRESENTATION DATED 3.5.2010 SUBMITTED BEFORE THE 3RD RESPONDENT

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EXT.P4:COPY OF THE JUDGMENT IN W.P.(C)NO.17751 OF 2010

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EXT.P5:COPY OF THE ORDER DTD 13.8.2010 ISSUED BY 2ND RESPONDENT EXT.P6:COPY OF THE REPRESENTATION DTD 18.10.2010 SUBMITTED BEFORE THE 2ND RESPONDENT

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RESPONDENTS' EXHIBITS:-

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EXT.R4(a):COPY OF THE APPEAL NO.A1-40592/2010 PENDING BEFORE THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM DTD 17-9.2010

//TRUE COPY//

P.A TO JUDGE

dmb

P.R.RAMACHANDRA MENON, J.

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W.P.(C)No. 694 OF 2011

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-------------------------------------------------Dated this the 21^st day of June, 2011

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J U D G M E N T

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The grievance of the petitioner is that the fourth respondent, who is the owner of the property of nearly 30 cents of land lying near the residence of the petitioner, has sought it to be re-claimed in violation of the Kerala Land Utilisation Order, 1967. In spite of Ext.P5 order passed by the second respondent, the same is not given any effect to, which made the petitioner to approach this Court seeking for appropriate reliefs.

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The learned counsel appearing for the fourth respondent submits with reference to the contents in the counter affidavit filed before this Court, that the said respondent has already preferred Ext.R4(a) appeal against Ext.P5 and that the said proceeding is pending consideration before the Commissioner for Land Revenue.

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Heard the learned Government Pleader as well. Considering the facts and circumstances, the writ petition is disposed of directing the Commissioner for Land Revenue, Government of Kerala, Thiruvanathapuram to consider and pass final orders on Ext.R4(a) appeal in accordance with law, after

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W.P.(C).No. 694 OF 2011

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hearing all the parties concerned. The proceedings shall be finalised as expeditiously as possible, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

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The Commissioner for Land Revenue is 'suo-motu' impleaded as the additional fifth respondent and the learned Government Pleader has entered appearance for the said respondent as well.

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P.R.RAMACHANDRA MENON JUDGE

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dmb

K.F.Noushad v. the Dist. Collector, Alappuzha and Othes

Case brief

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K.F.Noushad v. the Dist. Collector, Alappuzha and Othes

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