Remanded

P.D. Soman v. the District Collector

Kerala HC6 Nov 2017WP(C)/12656/2015

Case brief

AI extract

What is this about?

Respondents 7 to 9 petitioned for reconsideration of the impugned order without merits assessment due to natural justice violation. The court set aside Ext.P9, directed notice issuance, and remanded the matter for a hearing within three months.

What did the court decide?

Ext.P9 set aside; respondent to issue notice to petitioners and respondents 7 to 9; matter concluded within three months; no observation on merits; no costs.

P.D. Soman Vs the District Collector — Constitutional and Fundamental Rights | Kerala HC (2017)

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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 6TH DAY OF NOVEMBER 2017/15TH KARTHIKA, 1939

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WP(C).No. 12656 of 2015 (F)

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PETITIONER(S):

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1. P.D. SOMAN, AGED 58 YEARS, S/O. DAMODARAN, PULICKAMANNIL, CHELLAKKATT, PAZHAVANGADI VILLAGE, RANNI TALUK, PATHANAMTHITTA & DISTRICT.

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2. KUNJUMON MATHEW, AGED 62 YEARS, S/O. MATHEW, CHARIVUKALAYIL HOUSE, CHELLAKKATT, PAZHVANGADI VILLAGE, RANNI TALUK, PATHANAMTHITTA & DISTRICT.

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3. C.T. THOMAS, AGED 70 YEARS, S/O. K.T. THOMAS, CHAVO AMNNIL HOUSE, CHELLAKKATT, PAZHAVANGADI VILLAGE, RANNI TALUK, PATHANAMTHITTA & DISTRICT.

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BY ADV. SRI.V.SETHUNATH

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT, PIN-689 645

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2. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA, PIN-689 701

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3. SENIOR GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, 5TH FLOOR, REVENUE TOWERS, ADOOR P.O, PATHANAMTHITTA, PIN-691 523

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4. THE THAHASILDAR, RANNI, PIN-689 662

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5. THE VILLAGE OFFICER, PAZHAVANGADI VILLAGE OFFICE, PIN-689 662

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6. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PIN-689 645

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2/-

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-2-

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WP(C).No. 12656 of 2015 (F)

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7. MRS. SIMI RAJESH, W/O. RAJESH, PUTHUVELIL HOUSE, CHELAKKATT, PAZHAVANGADI VILLAGE, RANNI TALUK, PATHANAMTHITTA & DISTRICT, PIN-689 662

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8. MRS.VEENA, W/O. RATHEESH, PUTHUVELIL HOUSE, CHELLAKKATT, PAZHAVANGADI VILLAGE, RANNI TALUK, PATHANAMTHITTA & DISTRICT, PIN-689 662

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9. RATHEESH,

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PUTHUVELIL HOUSE, CHELLAKKATT, PAZHAVANGADI VILLAGE, RANNI TALUK, PATHANAMTHITTA & DISTRICT, PIN-689 662

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R1 TO R6 BY GOVERNMENT PLEADER SMT. VINEETHA HARIRAJ R7 & R8 BY ADVS. SRI.K.SHAJ SRI.SAJJU.S

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 12656 of 2015 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: TRUE COPIES OF THE TAX RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS.

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EXHIBIT P2: THE TRUE COPY OF THE PETITION GIVEN TO THE 5TH RESPONDENT
ON 26.9.2014

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EXHIBIT P3: TRUE COPY OF THE PETITION GIVEN BEFORE THE 3RD RESPONDENT ON 29.9.2014

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EXHIBIT P4: PETITIONERS HAD GIVEN COMPLAINT TO THE 4TH RESPONDENT ON 24.3.2015

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EXHIBIT P5: TRUE COPY OF THE PETITION FILED BY THE PETITION BEFORE THE 1ST RESPONDENT DATED 26/3/2015.

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EXHIBIT P6: TRUE COPY OF THE PETITION FILED BEFORE THE 6TH RESPONDENT DATED 26/3/2015

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EXHIBIT P7:	TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT DATED 25/3/2015
EXHIBIT P8:	THE TRUE COPY OF THE INTERIM ORDER ISSUED BY THE 2ND RESPONDENT UNDER SEC.133 OF THE CR.P.C DATED 25/3/2015
EXHIBIT P9:	THE TRUE COPY OF THE ORDER DATED 10.4.2015 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P10:	THE TRUE COPY OF THE PHOTOS TAKEN FROM THE DISPUTED PLACE

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RESPONDENT(S)' EXHIBITS

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EXHIBIT R7(A) COPY OF THE BUILDING PERMIT NO.C9-4272/14 DATED 14/08/2014 ISSUED BY RANNI PAZHVANGADI PANCHAYAT
EXHIBIT R7(B) COPY OF THE ORDER NO.129/14-15/1449/DOPTA/M/14 DATED 22/09/2014 OF THE THIRD RESPONDENT
EXHIBIT R7(C) COPY OF THE REPORT DATED 10/04/2015 SUBMITTED BY THE VILLAGE OFFICER TO THE SECOND RESPONDENT

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EXHIBIT R7(D) COPY OF THE ORDER NO.C2-1234/15 DATED 10/04/2015 OF THE SECOND RESPONDENT.

/TRUE COPY/

P.A.TO JUDGE

sts

K. VINOD CHANDRAN, J.

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===================== W.P.(C)No.12656 of 2015 - F

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========================== Dated this the 06^th day of November, 2017

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Judgment

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The petitioners have filed the above writ petition, challenging Ext.P9 order passed by the Revenue Divisional Officer, the 2^nd respondent herein.

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The respondents 7 to 9 appear and submit that

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they have no objection in the matter being re-considered, after affording an opportunity of hearing to the petitioners. In such circumstance, Ext.P9 is set aside, especially without looking at the merits of the matter and only for reason of violation of principles of natural justice. The R.D.O shall issue notice to the petitioners, as also respondents 7 to 9 and afford a reasonable opportunity of hearing and conclude the matter, within a

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W.P.(C) No..12656/2015

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period of three months from the date of hearing. It is made clear that this Court has not made any observations on merits, which the 2^nd respondent will consider, in accordance with law. The writ petition would stand disposed of. No costs.

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Sd/- K. VINOD CHANDRAN, JUDGE

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SB/06/11/2017

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// true copy //

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P.A to Judge

P.D. Soman v. the District Collector

Case brief

What is this about?

What did the court decide?

P.D. Soman v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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