Disposed

Nipun Varghese v. State of Kerala

Kerala HC26 Jun 2012WP(C)/9965/2012

Case brief

AI extract

What is this about?

A writ petition challenging the illegal reclamation of paddy fields. The court directed the Revenue Divisional Officer to conduct enquiries, hear both parties, and pass an appropriate final order within two months. The petition was disposed of. No costs.

What did the court decide?

Directed the third respondent to conduct due enquiries, hear both parties, and pass an appropriate final order within two months.

Nipun Varghese Vs State of Kerala — 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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TUESDAY, THE 26TH DAY OF JUNE 2012/5TH ASHADHA 1934

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WP(C).No. 9965 of 2012 (U)

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PETITIONER:

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NIPUN VARGHESE, AGED 27 YEARS MATTAPPILLY HOUSE, KARAYAMPARAMBU, KARUKUTTY P.O. ERNAKULAM-683576.

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BY ADV. SRI.VIJAI MATHEWS

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RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001.

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2. DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM-682030.

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3. REVENUE DIVISIONAL OFFICER (R.D.O.) ERNAKULAM - 682030.

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4. TAHASILDHAR ALUVA TALUK, ALUVA-682301.

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5. SECRETARY KARUKUTTY GRAMA PANCHAYATH-683576.

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6. JOHNY CHERUMADATHIL HOUSE, NEAR RAILWAY STATION ANGAMALY P.O., ANGAMALY-683572.

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WP(C).No. 9965 of 2012 (U)

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7. PAUL

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S/O. OUSEPH, VADAKKUMCHERRY HOUE, VATHAKKAD THURAVOOR P.O., ANGAMALY VIA ERNAKULAM DISTRICT-683572.

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R1 TO R4 BY GOVERNMENT PLEADER, SMT.SANJEETHA R5 BY ADV. SRI.G.SANTHOSH KUMAR (P). R6 & R7 BY ADV. SRI.WILSON URMESE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9965 of 2012 (U)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: TRUE COPY OF THE PHOTOGRAPHS EXT.P2: TRUE COY OF THE COMPLAINT DT 24/3/2012. EXT.P3: TRUE COY OF THE COMPLAINT DT.29/3/2012.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

 T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.9965/2012-U

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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 Dated this the 26th day of June, 2012

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J U D G M E N T

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The petitioner, who is the resident of Ward No.16 of Karukutty Village, Aluva Taluk, is aggrieved by the illegal reclamation of paddy fields in various areas by respondent Nos.6 and 7.

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The petitioner has filed a detailed representation in the matter as per Ext.P3 before the Village Officer.

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The learned Government Pleader on getting instructions submitted that after conducting an inspection by the fourth respondent, a stop memo was issued directing respondent Nos.6 and 7 to stop the work in question.

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Heard learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for respondent Nos.6 and 7.

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The learned counsel for respondent Nos.6 and 7 submits that the property in question is not a paddy land and they are prepared to produce evidence in support of the above plea. They will file their objections in the matter.

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In that view of the matter, there will be a direction to the third respondent to conduct due enquiries after getting reports from the Revenue Officers concerned and after hearing both parties, namely, petitioners as well as respondent Nos.6 and 7, appropriate final order will be passed

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W.P.(C). No.9965/2012

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-:2:-

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within a period of two months from the date of receipt of a copy of this Judgment. Both parties are allowed to produce evidence in the matter. The writ petition is disposed of as above. No costs.

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Sd/-

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(T.R. Ramachandran Nair, Judge.)

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ms

Nipun Varghese v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nipun Varghese v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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