Remanded

Murugan v. State of Kerala

Kerala HC22 Sept 2017WP(C)/14038/2017

Case brief

AI extract

What is this about?

Petitioners sought assignment of land under Kerala Land Assignment Act circumventing the Kannan Devan Hills (Resumption of Lands) Act, 1971. The Court held the authority must decide on maintainability within two months to assign land or dismiss the applications. No outcome was decided directly.

What did the court decide?

Directed District Collector to decide on petitioners' land assignment applications within two months, considering maintainability under Kannan Devan Hills Act.

Murugan Vs State of Kerala — Land Acquisition | 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 P.B.SURESH KUMAR

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FRIDAY, THE 22ND DAY OF SEPTEMBER 2017/31ST BHADRA, 1939

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WP(C).No. 14038 of 2017 (D)

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PETITIONER(S):

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1. MURUGAN ,AGED 42 YEARS, S/O.RAJ, 1341, CHUNDUVARRAI ESTATE VATTAVADA DIVISION, YELLAPETTY, MUNNAR, KANNAN DEVAN HILLS, IDUKKI - 685 615.

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BY ADVS.SRI.K.B.PRADEEP SMT.J.HARIPRIYA

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RESPONDENT(S):

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1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE DISTRICT COLLECTOR OF IDUKKI, COLLECTORATE, KUYILIMALA PAINAV P.O., IDUKKI, PIN - 685 603.

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3. THAHASILDAR, THALUK OFFICE, KDHP MUNNAR, DEVIKULAM CIRCULAR ROAD, DEVIKULAM, PIN - 685 613.

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BY GOVERNMENT PLEADER SRI.M.V.ANANDAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2017, ALONG WITH WPC. 14072/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14038 of 2017 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE APPLICATION FILED UNDER RULE 11(8) OF THE KERALA LAND ASSIGNMENT RULES, 1964.

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RESPONDENT(S)' EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

P.B.SURESH KUMAR, J.

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--------------------------------------------

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W.P.(C).No.14038, 14072, 14073, 14074, 14075, 14076,

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14077, 14078, 14079 & 14080 of 2017

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---------------------------------------------------------------

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Dated this the 22^nd day of September, 2017

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J U D G M E N T

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Petitioners have preferred applications for assignment of land invoking the provisions contained in the Kerala Land Assignment Act and the Rules made thereunder. The grievance of the petitioners in the writ petitions concerns the inaction on the part of the competent authority under the Kerala Land Assignment Act in taking a decision on the applications preferred by the petitioners.

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The learned Government Pleader, on

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instructions, pointed out that the applications preferred by the petitioners for assignment of land before the Tahsildar concerned of the Village are not maintainable in the light of the provisions contained in the Kannan Devan Hills (Resumption of

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W.P.(c).Nos. 14038 of 2017 & con. cases

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: 2 :

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Lands) Act, 1971.

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The question as to whether the applications preferred by the petitioners are maintainable in the light of the provisions contained in the Kannan Devan Hills (Resumption of Lands) Act, 1971 is a matter to be considered by the authority before whom the applications are preferred.

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In the circumstances, the writ petitions are disposed of directing the common third respondent in the writ petitions to take a decision on the applications preferred by the petitioners. This shall be done within two months from the date of receipt of a copy of this judgment. Needless to say that the question of maintainability of the applications for assignment preferred by the petitioners as pointed by the learned Government Pleader shall also be considered while complying with the direction aforesaid.

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Sd/-

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P.B.SURESH KUMAR JUDGE

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rsr

Murugan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Murugan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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