Disposed

N.Balaraman v. Addl.Tahsildar, Kollam.

Kerala HC14 Jul 2016WP(C)/13725/2006

Case brief

AI extract

What is this about?

Court directed that an eviction notice issued without recording reasons or affording an opportunity of hearing be treated as a show cause notice, staying coercive action if objections are submitted within one month.

What did the court decide?

Direct Petitioner to submit objections within one month; notify to treat Ext.P6 as show cause notice; no coercive action allowed if objections filed.

N.Balaraman Vs Addl.Tahsildar, Kollam. — Land Acquisition | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 14TH DAY OF JULY 2016/23RD ASHADHA, 1938

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WP(C).No. 13725 of 2006 (H)

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PETITIONER(S):

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N.BALARAMAN, S/O.NARAYANAN VIADYAN, PADMA VILASOM, ASRAMATH CHERI, KOLLAM EAST.

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BY ADVS.SRI.K.C.JOHN(SR) SRI.K.K.JOHN SRI.BROSE JOSEPH NEELIYARA DR.ABRAHAM P.MEACHINKARA SMT.VINEETHA SUSAN THOMAS

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RESPONDENT(S):

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1. ADDL. TAHASILDAR, TALUK OFFICE, KOLLAM.

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2. DISTRICT COLLECTOR, QUILON.

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3. STATE OF KERALA,

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REP. BY CHIEF SECRETARY TO THE GOVERNMENT, THIRUVANANTHAPURAM.

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R BY SRI.SOHAN JAMES, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13725 of 2006 (H)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1(a):	COPY OF THE PAYMENT OF KUTHAKAPATTOM DUE TO THE GOVERNMENT DATED 20.10.1109.
EXT.P1(b):	COPY OF THE KUTHAKAPATTOM AND ARREARS FOR SY.NO.9682 DATED 05.01.1950.
EXT.P2:	COPY OF THE ASSIGNMENT ORDER OF GOVT.DATED 8.12.1999.
EXT.P3:	COPY OF THE PATTAYAM GRANTED IN FAVOUR OF THE PETITIONER IN RESPECT OF THE PROPERTY DATED 31.3.2000.
EXT.P4:	COPY OF THE AX RECEIPT FOR THE YEARS 1995-1996 TO 2000- 2001.
EXT.P5:	COPY OF THE TAX RECEIPT FOR 2005 AND 2006 IN RESPECT OF THE PROPERTY DATED 15.03.2006.
EXT.P6:	COPY OF THE NOTICE SERVED ON THE PETITIONER DATED 12.05.2006.
EXT.P7:	COPY OF THE PLAN PREPARED BY THE VILLAGE OFFICE IN RESPECT OF THE PROPERTY.

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RESPONDENT'S EXHIBTS:

/TRUE COPY/

P.A.TO JUDGE

P.V.ASHA, J.

W.P.(C).No.13725 of 2006

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Dated this the 14^th day of July, 2016

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J U D G M E N T

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Challenge is against Ext.P6 notice of eviction under the Kerala Land Conservancy Act by which the petitioner was directed to vacate the land within three days. Petitioner's contention is that the notice was issued without recording any reason for issuing such a notice.

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This Court had passed an interim order staying operation of Ext.P6 as per the order dated 26.05.2006. The respondents have filed a counter affidavit. However, in view of the fact that Ext.P6 is seen issued without issuing a notice or giving an opportunity of hearing to petitioner, there will be a direction to treat Ext.P6 notice as a show cause notice. Petitioner shall submit his objections within a period of one month from the date of receipt of a copy of the judgment and further proceedings based on Ext.P6 shall be taken in

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W.P.C.No.13725/2006

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accordance with law, after considering the objection and after affording an opportunity of hearing to the petitioner.

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Since I have directed that Ext.P6 shall be treated as show

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cause notice, respondents shall not take any coercive action on the basis of Ext.P6, in case the petitioner submits his objection within the time stipulated herein.

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Writ petition is disposed of accordingly.

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Sd/- (P.V.ASHA, JUDGE)

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/TRUE COPY/

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P.A.TO JUDGE

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N.Balaraman v. Addl.Tahsildar, Kollam.

Case brief

What is this about?

What did the court decide?

N.Balaraman v. Addl.Tahsildar, Kollam.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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