Allowed

Bijo J. v. State of Kerala

Kerala HC25 May 2016WP(C)/3417/2007

Case brief

AI extract

What is this about?

The Court held that an auction notice issued for the removal of materials filling up paddy land, without express authority under the Kerala Land Utilisation Order, 1967, was without jurisdiction. The notice was quashed, and fresh proceedings, if any, must follow the law.

What did the court decide?

The auction notice (Ext.P3) issued under the Kerala Land Utilisation Order, 1967, for removing materials used to fill up paddy land is set aside.

Bijo J. Vs State of Kerala — 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 25TH DAY OF MAY 2016/4TH JYAISHTA, 1938

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WP(C).No. 3417 of 2007 (F)

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PETITIONER:

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BIJO. J., AGED 34 YEARS, S/O.JOSEPH ANTONY, KANJOOPARAMBIL HOUSE,, THEKKARA KARA MURI, THEKKEKARA P.O.,, CHEMPAKULAM VILLAGE, KUTTANADU.

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BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.A.V.TELLES

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RESPONDENTS:

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1. STATE OF KERALA, REP. BY SECRETARY REVENUE, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.

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2. THE COMMISSIONER, LAND REVENUE, THIRUVANANTHAPURAM.

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3. REVENUE DIVISIONAL OFFICER, ALAPPUZHA, CIVIL STATION, ALAPPUZHA.

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4. TAHASILDAR, KUTTANADU, TALUK OFFICE, MINI CIVIL STATION,, KUTTANADU.

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5. VILLAGE OFFICER, CHAMPAKULAM VILLAGE, CHAMPAKULAM.

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BY SR. GOVERNMENT PLEADER SRI. MANOJ KUNJACHAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3417 of 2007 (F)

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APPENDIX

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PETITIONER'S EXHIBITS

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P1: TRUE COPY OF THE BASIC TAX RECEIPT NO.3210977 DATED 1.11.2007

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P2: TRUE COPY CERTIFICATE NO.K.B/C.K.M/58/06-07 ISSUED BY THE AGRICULTURE OFFICES CHAMPAKULAM DATED 23.01.2007

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P3: TRUE COPY OF AUCTION NOTICE NO.A8-4953/06 DATED NIL ISSUED BY 4TH RESPONDENT

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RESPONDENT'S EXHIBITS

NIL

//TRUE COPY//

P.A. TO JUDGE

JJJ

K. VINOD CHANDRAN, J.

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W.P.(C) No. 3417 of 2007 (F)

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Dated this the 25^th day of May, 2016

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J U D G M E N T

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The writ petition is filed against the auction notice

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at Ext.P3. The notice was issued on the allegation that the petitioner had filled up cultivable paddy land and the same was without permission under the Kerala Land Utilisation Order, 1967 (for brevity 'KLU Order').

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A reading of Ext.P3 auction notice would indicate that the right attempted to be auctioned was to remove the materials used for filling up the land, namely gravel and sand. Essentially, the notice for auction is for restoring the paddy land. This Court does not find any provision under the KLU Order, which permits the Collector to conduct such an auction, though, provisions are available under clause 7 to

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W.P.(C) No. 3417/2007

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-2-

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auction the right of cultivation in such lands and clause 9 to arrange cultivation by the Collector himself.

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The auction notice, being without jurisdiction and authority, has to be set aside. If the respondent authority is of the opinion that any fresh proceedings are to be taken, the same shall be taken in accordance with law and with notice to the parties. Without prejudice to the same, the writ petition would stand allowed. No costs.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 26/5/16

Bijo J. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bijo J. v. State of Kerala

Case brief

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What did the court decide?

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