Quashed

George Philip v. State of Kerala

Kerala HC7 Nov 2017WP(C)/35611/2017

Case brief

AI extract

What is this about?

This writ petition challenged an order denying land utilisation permission. The Kerala High Court quashed the impugned order, relying on Shivadasan v. Revenue Divisional Officer and Puthan Purakkal Joseph v. Sub Collector, and directed the second respondent to pass fresh orders within one month.

What did the court decide?

The impugned order (Order No.L3-1185/17) was quashed; the second respondent was directed to pass fresh orders within one month.

George Philip Vs State of Kerala — Property and Title | 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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TUESDAY, THE 7TH DAY OF NOVEMBER 2017/16TH KARTHIKA, 1939

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WP(C).No. 35611 of 2017 (B)

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PETITIONER :

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GEORGE PHILIP, NEERACKAL HOUSE, PARAMBRAM, MUTTUCHIRA P.O., KOTTAYAM DISTRICT-686 613.

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BY ADVS.SRI.SAJU JOHN SRI.JELSON J.EDAMPADAM

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. REVENUE DIVISIONAL OFFICER, PALA, OFFICE OF THE REVENUE DIVISIONAL OFFICE, PALA, KOTTAYAM DISTRICT-686 575.

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BY GOVERNMENT PLEADER SRI.K.J.MANURAJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 35611 of 2017 (B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE POSSESSION CERTIFICATE NO.25638611 DATED 19/6/2017 ISSUED FROM THE VILLAGE OFFICE, MUTTUCHIRA IN FAVOUR OF THE PETITIONER IN T.P.NO.8375.

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P1(A) COPY OF THE POSSESSION CERTIFICATE NO.25718885 DATED 21/6/2017 ISSUED FROM THE VILLAGE OFFICE, MUTTUCHIRA IN FAVOUR OF THE PETITIONER IN T.P.NO.7132.

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P2 COPY OF THE DATA BANK WITH RESPECT TO THE SY.NO.898/5, SY.NO.898/6-1 AND SY.NO.898/6 OF MUTTUCHIRA VILLAGE.

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P3 COPY OF THE ORDER NO.L3-1185/17 DATED 24/4/2017 OF THE 2ND RESPONDENT

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P4 COPY OF THE APPLICATION DATED 23/10/2017 FILED BY THE PETITIONER UNDER CLAUSE 6 OF THE KERALA LAND UTILISATION ORDER 1967, BEFORE THE 2ND RESPONDENT

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P5 COPY OF THE RECEIPT NO.1224/2017 DATED 24/10/2017.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

P.B.SURESH KUMAR, J

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- - - - - - - - - - - - - - - - - - - W.P.(c) No.35611 of 2017

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7^th day of November, 2017

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JUDGMENT

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The issue raised in the writ petition is covered in favour of the petitioner by the decision of this Court in Shivadasan v. Revenue Divisional Officer (2017 (3) KLT 822).

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In the circumstances, Ext.P3 order, which is impugned in the writ petition, is quashed and the second respondent is directed to pass fresh orders on the application preferred by the petitioner for permission under Clause 6 of the Kerala Land Utilisation Order, 1967, in the light of the decisions

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of this Court in Puthan Purakkal Joseph v. Sub Collector (2015 (3) KLT 182) and Shivadasan (supra) . This shall be done within one month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

Sd/-

P.B.SURESH KUMAR

JUDGE

bng

George Philip v. State of Kerala

Case brief

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George Philip v. State of Kerala

Case brief

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What did the court decide?

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