Disposed

Bhaskaran v. the Land Tribunal, Thiruvananthapuram

Kerala HC6 Jun 2012WP(C)/8818/2012

Case brief

AI extract

What is this about?

The writ petition challenged the continuation of proceedings by the Land Tribunal regarding a purchase certificate and survey number correction. The High Court directed the Tribunal to finalize the action on the correction application after hearing parties and considering the inquiry report within two months.

What did the court decide?

Direction to the Land Tribunal to finalize the action on the application for correction of survey number after hearing parties and considering the inquiry report within two months.

Bhaskaran Vs the Land Tribunal, Thiruvananthapuram — 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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WEDNESDAY, THE 6TH DAY OF JUNE 2012/16TH JYAISHTA 1934

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WP(C).No. 8818 of 2012 (B)

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OA.172/1979 OF LAND TRIBUNAL, TRIVANDRUM

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PETITIONER(S):

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BHASKARAN, S/O.CHINNAN, AGED 68 YEARS, NANDAIVANAM, NEDUMPARAMBU, NAGAROOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.M.DINESH.

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RESPONDENT(S):

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1. THE LAND TRIBUNAL,

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THIRUVANANTHAPURAM- 695 001.

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2. NARAYANAN POTTI, S/O.KESAVAN,

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AGED 62 YEARS, KURIYADATHU MADOM, CHEMBARATHI MUKKU, NAGAROOR-695 618.

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3. VENUGOPALAN POTTI, AGED 56 YEARS,

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S/O.KESAVAN, KURIYADATHU MADOM,

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CHEMBARATHI MUKKU, NAGAROOR-695 618.

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4. KESAVAN POTTI, S/O.KESAVAN,

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AGED 51 YEARS, KURIYADATHU MADOM,

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CHEMBARATHI MUKKU, NAGAROOR-695 618.

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5. KRISHNAN SAHADEVAN,

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VARUVILA VEEDU (NAITHUSALA), NAGAROOR DESOM, ALTHARAMOODU P.O., THIRUVANANTHAPURAM-695 102.

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6. VAMADEVAN, S/O.CHINNAN,

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AGED 51 YEARS, AMBUNGAL VEEDU, NANDAIVANAM, NAGAROOR VILLAGE, THIRUVANANTHAPURAM-695 618.

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BY GOVT. PLEADER MR.K.C. VINCENT.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 8818 of 2012 (B)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT-P1. TRUE COPY OF THE LAND TRIBUNAL ORDER DATED 29.9.1986. EXHIBIT-P2. TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT-P3. TRUE COPY OF THE PETITION FILED BY THE PETITION FOR CORRECTION OF SURVEY NUMBER.

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EXHIBIT-P4. TRUE COPY OF THE COUNTER AFFIDAVIT OF 6TH RESPONDENT.

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EXHIBIT-P5. TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.31538/2011 OF THIS HON'BLE COURT DATED 25.11.2011.

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EXHIBIT-P6. TRUE COPY OF THE ORDER PASSED IN I.A.NO.7/2011 IN O.A.NO.172/79 DATED 29.12.2011 BY THE 1ST RESPONDENT.

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EXHIBIT-P7. TRUE COPY OF THE REPORT OF THE ADDITIONAL TAHASILDAR OF CHIRAYINKIL TALUK.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.A. TO JUDGE

rs.

T.R.RAMACHANDRAN NAIR, J.

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-------------------------------------------------W.P.(C)No.8818 Of 2012-B

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-------------------------------------------------DATED THIS THE 6^th DAY OF JUNE, 2012

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JUDGMENT

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The petitioner is the original applicant in O.A.No.172/79 on the file of the Land Tribunal, Chirayinkil. It was an application under Section 72B of the Kerala Land Reforms Act.

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The petition was allowed in favour of the petitioner and the appeal filed against the same by the 2^nd respondent was dismissed by the Appellate Authority, Alappuzha. This was the subject matter of revision before this Court as C.R.P.No.1868/1988 and the matter was remanded to the Land Tribunal.

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It is stated that the Land Tribunal modified the earlier order passed and the copy of the said order has been produced as Exhibit P1. The petitioner has received the purchase certificate in respect of 55 cents of land in Sy.No.1357 and 5 cents in Sy.No. 1377 of Nagaroor Village.

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It appears that actual survey number in relation to 55 cents is 1356 and after noticing the same, the petitioner filed

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W.P.(C)No.8818/12 -2-

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Exhibit P3 application to correct the survey number.

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The Land Tribunal passed an order in I.A.No.7/11 as per Exhibit P6 and thereafter the Taluk Surveyor conducted an enquiry and furnished a report dated 22.3.2012 and the report has been forwarded to the 1^st respondent as evident from Exhibit P7.

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The learned counsel for the petitioner submitted that so far the Land Tribunal has not finalised the matter.

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There will be a direction to the 1^st respondent to finalise the action on Exhibit P3 after hearing the respective parties and after considering all the aspects, including the report submitted pursuant to Exhibit P6, within a period of two months from the date of production of a copy of this judgment along with a copy of the Writ Petition.

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The Writ Petition is disposed of as above.

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Sd/-( T.R.RAMACHANDRAN NAIR , JUDGE)

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dsn

Bhaskaran v. the Land Tribunal, Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

Bhaskaran v. the Land Tribunal, Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

What the court decided

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