The High Court of Kerala quashed an order by the Grama Panchayat Secretary classifying land as converted and directed the official to reconsider the petitioner's application based on prior judgments rendered by this court within 6 weeks.
Quashed Ext.P6 order; directed first respondent to reconsider petitioner's application within 6 weeks.
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 ANTONY DOMINIC
TUESDAY, THE 7TH DAY OF AUGUST 2012/16TH SRAVANA 1934
WP(C).No. 17961 of 2012 (U)
PETITIONER(S):
M/S.K.C.C.PROPERTIES, REPRESENTED BY ITS MANAGING PARTNER, MR.VAKKACHAN GEORGE, MAKIL CENTRE, GOOD SHEPHERD ROAD, KOTTAYAM.
BY ADVS.SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY
RESPONDENT(S):
1. THE SECRETARY,
2. ATHIRAMPUZHA GRAMA PANCHAYATH ,
R1 & R2 BY ADV. SRI.K.JAJU BABU,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.17961/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P8 : TRUE PHOTO COPY OF THE JUDGMENT DTD.17.7.2012 IN WPC NO.16700/2012.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
W.P.(C) NO.17961 OF 2012(U)
ANTONY DOMINIC, J.
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Dated this the 7th day of August, 2012
J U D G M E N T
Ext.P6 order passed by the first respondent, the Secretary of the 2nd respondent Panchayat is under challenge. Reason mentioned is that the land in question is a converted land. Contention raised by the petitioner is that although the land is stated as converted one, the land has been converted much earlier and that therefore the fact that the land is a converted land should not have been of any significance. Counsel also relies on Exts.P7 and P8 judgments rendered by this court.
at any rate within 6 weeks of production of a copy of the judgment.
Writ Petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/
WPC.No.
:2 :
2 issues framed by the court
Whether Ext.P6 order passed by the Panchayat regarding converted land is sustainable.
Whether the petitioner should be directed to reconsider the application in light of previous judgments.
M/S.K.C.C.PROPERTIES, REPRESENTED BY ITS MANAGING PARTNER, MR.VAKKACHAN GEORGE
THE SECRETARY, ATHIRAMPUZHA GRAMA PANCHAYATH
ATHIRAMPUZHA GRAMA PANCHAYATH
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
