Disposed

George Varghese v. the District Collector

Kerala HC11 Nov 2016WP(C)/36252/2016

Case brief

AI extract

What is this about?

Petitioner sought to prevent his eviction pending merits of a remanded issue before the Special Tahsildar regarding Kerala Land Conservancy Act proceedings. Court directed Director to afford hearing and ensure status quo for three months before disposing of petition as a matter without merits.

What did the court decide?

Director must afford reasonable hearing to petitioner and finalise proceedings within three months; petitioner cannot be evicted during this period.

George Varghese Vs the District Collector — 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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FRIDAY, THE 11TH DAY OF NOVEMBER 2016/20TH KARTHIKA, 1938

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WP(C).No. 36252 of 2016 (F)

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PETITIONER(S):

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GEORGE VARGHESE,

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EDASSERIPARAMBIL, KAVUMBHAGOM P.O., THIRUVALLA-2.

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BY ADVS.SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM SRI.RRADHAKRISHNAN (VYTILA)

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, PATHANAMTHITTA.

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2. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA.

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3. THE SPECIAL TAHSILDAR (LC), TRAVANCORE DEVASWOM BOARD, NANTHANCODE P.O., THIRUVANANTHAPURAM.

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4. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE DEVASWOM BOARD, THIRUVANANTHAPURAM-695 001.

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R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.SURIN GEORGE IPE R3 & R4 BY SRI.D.SREEKUMAR, SC, TDB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 36252 of 2016 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF THE JUDGMENT DT.24-6-13 OF THIS HON'BLE COURT IN WPC 14310/13.

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P2 TRUE COPY OF THE ORDER NO.A1-199/2012(8) DT.13-6-14 OF THE 3RD RESPONDENT.

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P3 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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P4 TRUE COPY OF THE ORDER NO.5480/14/B3 DT.21-8-15 OF 2ND RESPONDENT.

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P5 TRUE COPY OF THE NOTICE NO.A1/199/2012(3) DT.8-12-15 ISSUED BY 3RD RESPONDENT.

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P6 TRUE COPY OF THE REPRESENTATION DT.28-12-15 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

K. VINOD CHANDRAN, J.

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W.P.(C) No. 36252 of 2016 (F)

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Dated: 11^th November, 2016

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J U D G M E N T

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The petitioner was threatened with eviction under

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the Kerala Land Conservancy Act, 1957 ('Act ' for short) as per the orders issued by the Special Tahsildar of the Devaswom Board, seen at Ext.P2. The petitioner filed an appeal before the District Collector, produced as ExtP3, in which there was a remand order passed as Ext.P4 by the R.D.O. The remanded issue is said to be pending before the Special Tahsildar. The petitioner seeks expeditious consideration of the issue.

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In such circumstance, the Special Tahsildar, the 3^rd respondent, shall afford a reasonable opportunity of hearing to the petitioner and finalise the proceedings within a period of three months, during

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W.P.(C) No. 36252/2016

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-2-

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which period the petitioner shall not be evicted.

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The writ petition is disposed of, without any

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observation on merits. No Costs.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 11/11/16

George Varghese v. the District Collector

Case brief

What is this about?

What did the court decide?

George Varghese v. the District Collector

Case brief

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What did the court decide?

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