Allowed

Sudhakara Alias Chennappa v. State of Kerala and Others

Kerala HC13 Jun 2016WP(C)/18750/2007

Case brief

AI extract

What is this about?

Petitioner challenged a notice under Section 11(3) of the Kerala Land Conservancy Act, 1957. Court set aside the notice allowing the writ petition, noting a prior civil decree in petitioner's favour, but left open the State's remedy against that decree.

What did the court decide?

Ext.P5 notice issued under Section 11(3) of the Kerala Land Conservancy Act, 1957 set aside.

Sudhakara Alias Chennappa Vs State of Kerala and… — Writ and Judicial Review | 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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MONDAY, THE 13TH DAY OF JUNE 2016/23RD JYAISHTA, 1938

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WP(C).No. 18750 of 2007 (F)

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PETITIONER(S):

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SUDHAKARA ALIAS CHENNAPPA, S/O.LATE KORAGU POOJARY, KUDUPAGULI HOUSE KODLAMOGARU VILLAGE, MANJESHWAR, KASARAGOD TALUK KASARGOD DISTRICT.

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BY ADV. SRI.BECHU KURIAN THOMAS

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. DISTRICT COLLECTOR, KASARAGOD.

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3.TAHSILDAR, KASARAGOD.

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4. ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, KASARAGOD.

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R,R1-4 BY ADV. GOVERNMENT PLEADER SRI MANOJ P KUNJACHAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) NO.18750/07

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE TAX PAID RECEIPT NUMBERED AS 005 EXT.P1(a) : TRUE COPY OF THE TAX PAID RECEIPT NUMBERED AS 006 EXT.P2 : TRUE COPY OF THE APPLICATION DT 2.8.2002 EXT.P2(a) : TRUE COPY OF TH EAPPLICATION DT 26.12.2003 EXT.P3 : TRUE COPY OF THE BUILDING TAX RECEIPT DT 4.2.2003 EXT.P4 : TRUE COPY OF THE HOUSE TAX ASSESSMENT EXTRACT OF THE VORKADY GRAMA PANCHAYAT DURING 1967 TO 1972 EXT.P4(a) : TRUE COPY OF THE HOUSE TAX ASSESSMENT EXTRACT OF the VORKADY GRAMA PANCHAYAT DURING 1972 TO 1977 EXT.P5 : TRUE COPY OF THE NOTICE DATED 16.6.2007 EXT.P6 : TRUE COPY OF the JUDGMENT DT 20.12.2008 IN O.S. NO. 40/2007 ON THE FILES OF THE SUBORDINATE JUDGES COURT, KASARAGOD EXT.P6(a) : TRUE COPY OF THE DECREE DT 20.12.2008 IN O.S. NO. 40/2007 ON THE FILES OF THE SUBORDINATE JUDGES COURT EXT.P7 : TRUECOPY OF THE JUDGMENT DT 21.10.2010 IN A.S. NO. 33/2009 ON THE FILES OF THE DISTRICT COURT, KASARAGOD

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RESPONDENTS' EXHIBITS:NIL

//TRUE COPY//

P.A. TO JUDGE

jma

K. VINOD CHANDRAN, J

W.P(C) No. 18750 of 2007

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Dated this the 13^th day of June, 2016

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J U D G M E N T

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The petitioner was aggrieved with Ext.P5 notice

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issued by the Government under Section 11(3) of the Kerala

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Land Conservancy Act, 1957. Parallel to the proceedings initiated herein, the petitioner had also approached the Civil

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Forum claiming title to the property, based on the ground of adverse possession against the Government. The suit was

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decreed as per Ext.P6 judgment and the same is said to have been affirmed by Ext.P7 appeal. In such circumstance, Government, a party in the suit and appeal, would have to concede to the judgment and decree in the suit as confirmed in appeal unless the same is subjected to further challenge.

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WPC.No.18750/2007

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: 2 :

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The writ petition would stand allowed by setting

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aside Ext.P5 notice, however, leaving open the remedy of the

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State against the judgment and decree of the Civil Court. No

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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

Sudhakara Alias Chennappa v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

Sudhakara Alias Chennappa v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

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