Disposed

P.I.Iype, Son of Iype v. State of Kerala and Others

Kerala HC28 Sept 2016WP(C)/17609/2007

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging eviction notices dated 06.06.2007 for non-compliance with the Kerala Land Conservancy Act, 1957. It made an interim order granting stay absolute, permitting respondents to take further proceedings after notice and ensure eviction orders are speaking. No costs awarded. evidenced by sale deed and tax receipts.

What did the court decide?

Interim order made absolute; respondents permitted to proceed after notice with speaking eviction orders.

P.I.Iype, Son of Iype Vs State of Kerala and Others — 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 MR.JUSTICE K.VINOD CHANDRAN

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WEDNESDAY, THE 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938

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W.P(C).No.17609 of 2007 (U)

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PETITIONER(S):-

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P.I.IYPE, SON OF IYPE,

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PUTHENPARAMBIL, P.O.KUMARAKOM, KOTTAYAM.

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BY ADV. SRI.S.EASWARAN.

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RESPONDENT(S):-

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1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.

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2. THE ADDITIONAL TAHSILDAR, KOTTAYAM.

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3. THE VILLAGE OFFICER, KUMARAKAM.

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R1 TO R3 BY GOVERNMENT PLEADER SMT.VINITHA HARIRAJ.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

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WP(C).No.17609 of 2007-U

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APPENDIX

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PETITIONER(S)' EXHIBITS:-

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EXT.P1	COPY OF SALE DEED NO.2085/82 DATED 2.7.1982 EXECUTED IN FAVOUR OF THE PETITIONER.
EXT.P2	COPY OF TAX RECEIPT NO.55331 DATED 22.12.2006 IN RESPECT OF THE BUILDING OF THE PETITIONER ISSUED BY THE SECRETARY, KUMARAKAM PANCHAYAT.
EXT.P3	COPY OF TAX RECEIPT NO.30162 DATED 24.1.2007 ISSUED BY THE 3RD RESPONDENT.
EXT.P4	COPY OF POSSESSION CERTIFICATE NO.266/07 DATED 24.1.2007 ISSUED BY THE 3RD RESPONDENT.
EXT.P5	COPY OF SITE PLAN DATED 24.01.2007 ISSUED BY THE 3RD RESPONDENT.
EXT.P6	COPY OF NOTICE ISSUED UNDER 9 IN FORM B DATED 6.6.2007 ISSUED BY THE 2ND RESPONDENT.
EXT.P7	COPY OF NOTICE ISSUED UNDER RULE 11 IN FORM C DATED 6.6.2007 ISSUED BY DO. DO.

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RESPONDENT(S)' EXHIBITS:-------------------------NIL. vku/[ true copy ]

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K. Vinod Chandran, J

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---------------------------------------W.P.(C) No.17609 of 2007-U

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Dated this the 28^th day of September, 2016

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JUDGMENT

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The petitioner who was in possession and enjoyment of 4 cents of land, asserted to have been obtained by Exhibit P1 sale deed, challenge the proceedings for eviction initiated by Exhibits P6 and P7 notices dated 06.06.2007. The challenge was on the ground that the notices were without complying with the provisions of the Kerala Land Conservancy Act, 1957 and the Rules framed thereunder.

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When the writ petition was admitted, there was an interim order granted on 08.06.2007, which reads as under:

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“Notice and interim stay of further proceedings pursuant to Exts.P6 and P7. However, this shall now preclude the respondents from taking further action after issuing notice to the petitioner, permitting him to produce evidence in support of his case, hearing him and passing a speaking order”.

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WP(C) No.17609 of 2007

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The interim order is made absolute and if no

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proceedings are taken as of now, the respondents would be entitled to take proceedings in accordance with law, after notice, and eviction shall be made only after issuing orders to the petitioner.

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The writ petition is disposed of as above. No costs.

Sd/-

K.Vinod Chandran

Judge.

vku/-

[ true copy ]

P.I.Iype, Son of Iype v. State of Kerala and Others

Case brief

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P.I.Iype, Son of Iype v. State of Kerala and Others

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