Dismissed

Vijaya Raghavan v. the District Collector

Kerala HC9 Dec 2014WA/1663/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the writ appeal by dismissing it, holding no error was committed by the Single Judge in directing the Taluk Surveyor to re-determine disputed land after conducting a proper enquiry and measurement under the Land Conservancy Act.

What did the court decide?

No grounds were made out to exercise the appellate jurisdiction; the Writ Appeal was dismissed.

Vijaya Raghavan Vs the District Collector — Land Acquisition | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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TUESDAY, THE 9TH DAY OF DECEMBER 2014/18TH AGRAHAYANA, 1936

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WA.No. 1663 of 2014 IN WP(C).26535/2014

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AGAINST THE JUDGMENT IN WP(C) 26535/2014 DATED 13-10-2014 .................

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APPELLANT/PETITIONER :

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VIJAYA RAGHAVAN, AGED 75 YEARS, S/O.LATE RAMAN, KALLIKKADAVIL HOUSE, MOOTHRATHIKKARA DESOSM, PARAPPOOKKARA VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT.

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BY ADVS.SRI.SANTHEEP ANKARATH SRI.ARUN MATHEW VADAKKAN

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RESPONDENTS/RESPONDENTS :

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THE DISTRICT COLLECTOR, THRISSUR, PIN-680 001.

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ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, IRINJALAKUDA THRISSUR DISTRICT PIN-680 001.

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THE VILLAGE OFFICER, PARAPPOOKKARA VILLAGE, THRISSUR DISTRICT -680 001.

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REVENUE DIVISIONAL OFFICER, THRISSUR - 680 001.

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THE TALUK SURVEYOR MUKUNDAPURAM, IRINJALAKUDA, THRISSUR DISTRICT PIN - 680 001.

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BY SR. GOVERNMENT PLEADER, SRI.P.I. DAVIS.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.

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W.A. No. 1663 OF 2014

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- - - - Dated this the 9^th day of December, 2014

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JUDGMENT

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Shaffique, J.

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The appellant has approached this Court challenging the judgment dated 13.10.2014 in W.P.(C) No.26535 of 2014.

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The writ petition was filed challenging Exts.P3 to P6 orders issued by competent authorities under the Land

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Conservancy Act. The learned Single Judge, after taking into consideration the fact that the petitioner claims right in respect of property situated in Survey Nos.760 and 761 of Parapukkara village in Mukundapuram Taluk, observed that the petitioner is entitled to raise his objection before the Taluk Surveyor, who shall consider the objection and re-determine the land after conducting necessary enquiry and measuring the property and thereafter finalise the same within a period of four weeks.

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The issue is with regard to a small portion of

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land situated in Survey No.758/2 of the same village. Petitioner submits that a gate as well as boundary wall is

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WA No. 1663 of 2014

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-:2:-

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situated in that portion which is now claimed by the revenue authorities.

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Having regard to the fact that directions had been

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issued by learned Single Judge requesting the Taluk Surveyor to consider the objection and re-determine the land after conducting necessary enquiry and measuring the property, we do not think

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that there is error in the judgment of the learned Single Judge. In the result, no grounds are made out to exercise the appellate jurisdiction in the matter. Hence, the Writ Appeal is dismissed.

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Ashok Bhushan, Acting Chief Justice.

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A.M. Shaffique, Judge.

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ttb/09/12

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WA No. 1663 of 2014

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-:3:-

Vijaya Raghavan v. the District Collector

Case brief

What is this about?

What did the court decide?

Vijaya Raghavan v. the District Collector

Case brief

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