Allowed

I.T.H.Company, Rep. by Its Mg.Partner, Sunny K.Peter v. the Director, Survey and Land Records, Ernakulam

Kerala HC18 Jun 2015WP(C)/16479/2014

Case brief

AI extract

What is this about?

Petitioner challenged the cancellation of re-survey proceedings due to lack of notice and violation of natural justice, though a pending vigilance case regarding land mutation was also raised. Court set aside the order.

What did the court decide?

Impugned Ext.P7 set aside to be taken afresh after complying with principles of natural justice.

I.T.H.Company, Rep. by Its Mg.Partner, Sunny K.Peter Vs the… — Land Acquisition | Kerala HC (2015)

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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 K.VINOD CHANDRAN

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THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937

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WP(C).No. 16479 of 2014 (H)

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PETITIONER :

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I.T.H.COMPANY, HAVING REGISTERED OFFICE AT THRIKKANARVATTOM AMSOM, DESOM, M.G ROAD, ERNAKULAM REPRESENTED BY THE MANAGING PARTNER SUNNY K. PETER S/O.CHERIYA PATHROSE, AGED 53, KODIYAPARA HOUSE AIYKKARANADU SOUTH, KUNNATHUNADU, ERNAKULAM.

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BY ADVS.SRI.S.NIDHEESH SRI.RAINGE KODUVATH

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RESPONDENT(S) :

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1. THE DIRECTOR, SURVEY AND LAND RECORDS, ERNAKULAM – 682 011.

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2. THE DEPUTY DIRECTOR OF SURVEY AND LAND RECORDS, IDUKKI - 685 603.

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3. THE DISTRICT COLLECTOR, IDUKKI - 685 603.

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R1 TO R3 BY SPL. GOVT. PLEADER SMT. SUSHEELA R. BHATT

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 16479 of 2014 (H)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 23/11/2007 FROM VILLAGE OFFICE, PALLIVASAL.

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EXHIBIT P2 TRUE COPY OF THE RECEIPT FOR WELFARE FUND FEE ISSUED FROM THE KERALA EMPLOYEES WELFARE FUND BOARD,THRISSUR.

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EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 22/6/2010.

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EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23/11/2007 ISSUED BY VILLAGE OFFICER, PALLIVASAL.

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EXHIBIT P5 TRUE COPY OF THE RECEIPTS OF REMITTANCE DATED 5/11/2013.

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EXHIBIT P6 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 28/5/2014.

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EXHIBIT P7 TRUE COPY OF THE ORDER FROM THE SURVEY DEPUTY DIRECTOR DATED 3/7/2013.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

K. VINOD CHANDRAN, J

Dated this the 18^th day of June, 2015

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The petitioner is aggrieved with the cancellation

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of Re-survey proceedings made at Ext.P7, on facts, as also on

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the ground that the petitioner was not heard or issued with

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notice before such proceedings were taken.

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The learned Special Government Pleader

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(Revenue) on the basis of the statement would assert that

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there is a dispute with respect to the title of the property and

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a vigilance case is pending; registered insofar as some Government lands having been mutated in the name of private individuals. In any event, since the challenge

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against Ext.P7 is on the grand of violation of principles of natural justice, it is only appropriate that proceedings are

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taken afresh with proper notice to the affected parties.

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WPC.No.16479/2014

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: 2 :

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Ext.P7 would stand set aside without any comment as to the

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merits of the case.

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Writ petition is allowed. No costs.

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Sd/-

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(K. VINOD CHANDRAN, JUDGE)

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jma

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//true copy//

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P.A to Judge

I.T.H.Company, Rep. by Its Mg.Partner, Sunny K.Peter v. the Director, Survey and Land Records, Ernakulam

Case brief

What is this about?

What did the court decide?

I.T.H.Company, Rep. by Its Mg.Partner, Sunny K.Peter v. the Director, Survey and Land Records, Ernakulam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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