Disposed

Dileep Kumar v. the District Collector, Alappuzha

Kerala HC28 May 2012WP(C)/3652/2012

Case brief

AI extract

What is this about?

The Kerala High Court directed the first respondent (District Collector) to consider an application filed by the petitioner regarding the alleged filling up of paddy land by the last two respondents. The court ordered a due inquiry with notice to all parties within one month before passing appropriate orders, without adjudicating on the merits.

What did the court decide?

Direction to the first respondent to consider the application and pass orders after conducting an enquiry and issuing notice within one month.

Dileep Kumar Vs the District Collector, Alappuzha — Land Acquisition | Kerala HC (2012)

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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 T.R.RAMACHANDRAN NAIR

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MONDAY, THE 28TH DAY OF MAY 2012/7TH JYAISHTA 1934

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WP(C).No. 3652 of 2012 (F)

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PETITIONER:

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DILEEP KUMAR, KONCHERIL, WARD NO.7, CHERTHALA SOUTH P.O., CHERTHALA, ALAPPUZHA DISTRICT.

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BY ADV. SRI.J.OM PRAKASH

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, ALAPPUZHA

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PIN -688 001.

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2. THE REVENUE DIVISIONAL OFFICER,

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ALAPPUZUA, PIN -688 001.

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3. LATHA CHANDRAN,

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KONCHERIL, WARD NO.7, CHERTHALA SOUTH P.O.,

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CHERTHALA, ALAPPUZHA DISTRICT, PIN -688 524.

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4. BINESSH,

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C/O.LATHA CHANDRAN, KONCHERIL, WARD NO.7, CHERTHALA SOUTH P.O., CHERTHALA, ALAPPUZHA DISTRICT

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PIN -688 524.

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R4 BY ADV. SRI.NIDHI BALACHANDRAN BY ADV. SRI.SABU GEORGE BY SRI.JOSEPH GEORGE, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3652 of 2012 (F)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXT.P-1: COPY OF THE GIFT DEED NO.3824 DATED 6-6-1980.

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EXT.P-2: COPY OF THE TAX RECEIPT DATED 5-1-2005 ISSUED BY THE VILLAGE OFFICER, CHERTHALA SOUTH.

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EXT.P-3: COPY OF THE APPLICATION SUBMITTED BEFORE THE FIRST RESPONDENT DATED 17-1-2012.

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EXT.P-4: COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 17-1-2012.

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RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P.A. TO JUDGE

T.R.RAMACHANDRAN NAIR, J.

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- - - - - - - - - - - - - - - - - - - W.P.(C).No. 3652 of 2012

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- - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2012

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JUDGMENT

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This writ petition is filed seeking for a direction to respondents 1 and 2 to consider the complaint regarding the filling up of paddy land by respondents 3 and 4. The contention raised by the petitioner is that the property owned by the petitioner is a paddy land and the adjoining paddy lands have been obtained by respondents 3 and 4 after purchasing the same from the owners of the property.

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It is stated that the petitioner is serving in Military and recently he came to know that respondents 3 and 4 reclaimed the land and started construction of a house without getting any permission from the authorities concerned.

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Heard learned counsel for the fourth respondent and learned Government Pleader.

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I am not going into the merits of the matter, since it is upto the

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second respondent to consider the complaint and take an appropriate

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W.p(c). No. 3652/2012

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-:2:-

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decision after hearing the petitioner and respondents 3 and 4.

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Therefore, there will be a direction to the second respondent to consider and pass orders on Ext.P4 application after conducting due enquiry and after notice to the petitioner and respondents 3 and 4, within a period of one month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above. No costs.

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sd/- T.R. Ramachandran Nair, Judge.

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Kav/

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The words “second respondent” occurring in the 2^nd line of paragraph 4 and in the first line of paragraph 5 of the judgment dated 28.5.2012 in W.P.(C) No.3652/2012 are corrected and substituted as “first respondent”

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The word “Ext.P4” occurring in the 2^nd line of paragraph 5 of the judgment is corrected and substituted as “Ext.P3” vide order dated 21.6.2012 in I.A. No.7949/2012 in W.P.(C) No.3652/2012.

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Sd/- Registrar (Judicial)

Dileep Kumar v. the District Collector, Alappuzha

Case brief

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Dileep Kumar v. the District Collector, Alappuzha

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