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Nalupurappattil Jameela v. District Collector

Kerala HC9 Nov 2017WP(C)/35920/2017

Case brief

AI extract

What is this about?

The High Court of Kerala quashed an order by the Revenue Divisional Officer and directed the respondent to pass fresh orders within one month, relying on its own precedents Shivadasan v. Revenue Divisional Officer and Puthan Purakkal Joseph v. Sub Collector regarding the petitioner's rights. The order was dismissed as unnecessary beyond the quashing.

What did the court decide?

Ext.P3 order issued by the second respondent is quashed; respondent directed to pass fresh orders within one month.

Nalupurappattil Jameela Vs District Collector — Specific Performance | 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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THURSDAY, THE 9TH DAY OF NOVEMBER 2017/18TH KARTHIKA, 1939

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WP(C).No. 35920 of 2017 (L)

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PETITIONER(S):

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NALUPURAPPATTIL JAMEELA, D/O.AYISHA, RESIDING AT JAMEELA MANZIL, NEAR NAS COLLEGE, PADANNEKKAD, HOSDURG, KASARGOD DISTRICT.

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BY ADVS.SRI.SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU

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RESPONDENT(S):

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1. DISTRICT COLLECTOR, KASARGOD DISTRICT-671123.

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2. REVENUE DIVISIONAL OFFICER, KASARGOD AT KANHANGAD-671315.

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3. TAHASILDAR, HOSDURG, KASARGOD DISTRICT-671315.

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4. VILLAGE OFFICER, KANHANGAD VILLAGE OFFICE, NILESHWAR-671314.

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BY GOVERNMENT PLEADER SRI.RAVI KRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35920 of 2017 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS -----------------------

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EXHIBIT P1 TRUE COPY OF SALE DEED NO.2675/2007 DATED 21.07.2007 OF SRO KANHANGAD. EXHIBIT P2 TRUE COPY OF APPLICATION DATED 18.09.2017 SUBMITTED BEFORE THE FIRST RESPONDENT. EXHIBIT P3 TRUE COPY OF ORDER DATED 16.10.2017 ISSUED BY 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF CIRCULAR NO.13105/P1/REV DATED 01.03.2017. EXHIBIT P5 TRUE COPY OF CIRCULAR NO.994733/R A1/16/LSG&D DATED 22.12.2016. RESPONDENT(S)' EXHIBITS : NIL -----------------------

//TRUE COPY//

P.A.TO JUDGE

P.B.SURESH KUMAR, J.

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= = = = = = = = = = = = = = =

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W.P.(C).No.35920 of 2017-L.

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= = = = = = = = = = = = = = =

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Dated this the 9^th day of November, 2017

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J U D G M E N T

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The issue raised by the petitioner in the writ petition is covered in favour of the petitioner by the decision

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of this Court in Shivadasan v. Revenue Divisional Officer (2017(3) KLT 822).

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In the circumstances, Ext.P3 order issued by the second respondent is quashed and the said respondent is directed to pass fresh orders on the application preferred by the petitioner as referred to in Ext.P3, in the light of the decisions 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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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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Kvs/-

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// true copy //

Nalupurappattil Jameela v. District Collector

Case brief

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Nalupurappattil Jameela v. District Collector

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