Disposed

Krishnankutty Nair v. District Collector

Kerala HC4 Sept 2013WP(C)/10755/2013

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the writ petition seeking implementation of an order restoring paddy land without prejudice, adjourning the matter pending the finalization of two related writ petitions filed by the respondents challenging the same order.

What did the court decide?

Writ petition disposed of without prejudice to petitioners' rights; contentions left open pending related cases.

Krishnankutty Nair Vs District Collector — Land Acquisition | Kerala HC (2013)

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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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WEDNESDAY, THE 4TH DAY OF SEPTEMBER 2013/13TH BHADRA, 1935

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WP(C).No. 10755 of 2013 (T)

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PETITIONER(S):

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1. KRISHNANKUTTY NAIR, CHANGARATH VALIYAVEETTIL HOUSE, VARAVOOR (P.O), PIN-680 585, THRISSUR DISTRICT.

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2. K.P. RAVINDRANATHAN, SON OF PARUKUTTY AMMA, KIZHAKOOTT HOUSE, VARAVOOR (P.O), PIN-680 585, THRISSUR DISTRICT.

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BY ADVS.SRI.P.BHASKARAN, SRI.K.I.SAGEER.

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RESPONDENT(S):

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1. DISTRICT COLLECTOR, THRISSUR -680 003.

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2. THE AGRICULTURAL PRODUCTION COMMISSIONER, AGRICULTURE (NCA) DEPARTMENT, THIRUVANANTHAPURAM,

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3. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM- 695 001.

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4. KRISHNANKUTTY, SON OF KARTHAYANI AMMA, KALADY VEEDU, VARAVOOR (P.O), THRISSUR DISTRICT- 680 585.

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5. MOHANAN, SON OF KRTHAYANI AMMA, KALADY VEEDU, VARAVOOR (P.O), THRISSUR DISTRICT- 680 585.

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R1 TO R3 BY SPL. GOVT. PLEADER (REVENUE) MR.P.K. SOYUZ. R4 & R5 BY ADVS. SRI.P.SANTHOSH (PODUVAL),

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SMT.R.RAJITHA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-09-2013,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 10755 of 2013 (T)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 14-01-2011 ISSUED BY THE 1ST RESPONDENT .

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EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE DEPARTMENT OF AGRICULTURE TO THE PETITIONERS DATED 11-08-2011.

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RESPONDENT'S EXHIBITS:-

NIL.

//TRUE COPY//

P.A. TO JUDGE.

rs.

P.R. RAMACHANDRA MENON, J. :::::::::::::::::::::::::::::::::::::::::::::::: W.P.(C). No. 10755 of 2013

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......................................................

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Dated this the 4^th day of September, 2013

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JUDGMENT

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The petitioner has approached this Court seeking for implementation of Ext.P1 order dated 14.01.2011 passed by the 1st respondent. As per Ext.P1 order passed by the 1st respondent, the unauthorised conversion of the paddy land effected by respondents 4 and 5 has been intercepted and it has been ordered to be restored under Section 13 of Act 28 of 2008. It is brought to the notice of this Court that, against the said order a revision petition was filed under Section 28 of the Act before the Government, but the same did not turn to be fruitful and the revision petition was dismissed, upholding Ext.P1. But both the said orders are under challenge at the instance of respondents 4 and 5 in W.P.(C). No. 20624/2011 and 31273/2011. There is an interim order passed by this Court in both the said cases.

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In the above circumstance, the prayer sought for by the petitioner in this writ petition to have Ext.P1 order implemented can be considered only after finalization of the above two writ

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W.P.C. No. 10755 of 2013

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-2-

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petitions. In the above circumstance, this writ petition is disposed of, without prejudice to the rights and liberties of the petitioners to get impleaded in the other two cases. All the contentions raised by the petitioners in this writ petition are left open.

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P.R. RAMACHANDRA MENON, JUDGE.

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kp/-

Krishnankutty Nair v. District Collector

Case brief

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Krishnankutty Nair v. District Collector

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