Allowed

K.v.Govinda Varrier v. Neermangatt Devaswom

Kerala HC14 Jun 2018CRP(LR)/290/2017

Case brief

AI extract

What is this about?

The High Court dismissed the petitioner's revision petition, setting aside the appellate authority's order that remanded a tenancy dispute to the Land Tribunal without reasons. It directed the authority to reconsider the matter after hearing both sides.

What did the court decide?

Set aside order dated 01.12.2016; directed Appellate Authority to reconsider matter after hearing both sides within three months.

K.v.Govinda Varrier Vs Neermangatt Devaswom — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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THURSDAY, THE 14TH DAY OF JUNE 2018 / 24TH JYAISHTA, 1940

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-----------------------A.A 28/2006 OF APPELLATE AUTHORITY(LR), THRISSUR -------------

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PETITIONER/3RD RESPONDENT

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K.V.GOVINDA VARRIER, AGED 67 YEARS, S/O.RAMAVARRIER, MANGAT WARRIAM, MUTHUVALLUR VILLAGE, VILAYIL AMSOM AND POST, PARAPPUR DESOM, MALAPPURAM DISTRICT

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BY ADVS.SRI.T.KRISHNANUNNI (SR.) SRI.ASHWIN SATHYANATH SRI.M.DEVESH SMT.MEENA.A. SRI.SAJU.S.A SRI.VINOD RAVINDRANATH SRI.VINAY MATHEW JOSEPH

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RESPONDENT(S)/APPELLANT AND RESPONDENTS 2 AND 5 TO 9:

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1. NEERMANGATT DEVASWOM, REPRESENTED BY EXECUTIVE OFFICER, NEERMANGATT DEVASWOM, VILAYIL AMSOM, PARAPPUR DESOM, MALAPPURAM DISTRICT-676503

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2. SURESH, AGED 35 YEARS, S/O.LATE BHAGYALAKSHMI VARASIAR, MANGATTU VARIAM, VILAYIL AMSOM, PARAPPUR DESOM, P.O.VILAYIL, ERNAD TALUK-676503

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3. SREEDHARA VARRIER, AGED 59 YEARS, S/O.LATE RAMAVARIER, MANGATTU VARIAM, VILAYIL AMSOM, PARAPPUR DESOM, P.O.VILAYIL, ERNAD TALUK-676503

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4. CHANDRA VARRIER, AGED 57 YEARS, RESIDING AT MANGATTU VARIAM, VILAYIL AMSOM, PARAPPUR DESOM, P.O.VILAYIL, ERNAD TALUK-676503

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5. PALLIYALIL NALINI,(DELETED) D/O.PALLIYALI NARAYANAN, MANGATTU VARIAM, VILAYIL AMSOM, PARAPPUR DESOM, P.O.VILAYIL, ERNAD TALUK-673641*

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THE NAME OF 5TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF PETITIONER VIDE ORDER DATED 8.03.2018 IN IA NO.554/2018

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CRP(LR).No. 290 of 2017

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6. M.V.RAMESH,

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S/O.LATE VILASINI VARASIAR, MANGATTU VARIAM, VILAYIL AMSOM, PARAPPUR DESOM,

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P.O.VILAYIL, ERNAD TALUK-673641

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7. RAJINI,

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S/O.LATE VILASINI VARASIAR,AGED 32 YEARS, MANGATTU VARIAM, VILAYIL AMSOM, PARAPPUR DESOM,

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P.O.VILAYIL, ERNAD TALUK-673641

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8. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM-695001

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R8 BY SENIOR GOVERNMENT PLEADER SRI M.I.JOHNSON

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THIS CRP (LAND REFORMS ACT) HAVING BEEN FINALLY HEARD ON 14-06-2018, ALONG WITH CRP(LR)336/2017,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V. 18.06.2018

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Sathish Ninan, J.

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========================== C.R.P(LR) Nos.290 of 2017 & 336 of 2017 =============================

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Dated this the 14^th day of June, 2018

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ORDER

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The impugned order reads thus:

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“I have heard the counsel of appellant and

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perused the Lower Court records. I think the

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appellant is to be given a chance to prove his tenancy right over the property. Hence I am inclined to allow the appeal and to remand

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the case to Land Tribunal for fresh adjudication after giving opportunities to the parties to adduce evidence.”

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No reasons are given by the court below to

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substantiate the conclusion. There is no discussion regarding the contentions. The impugned order is liable to be set aside for the said reason.

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The Civil Revision Petition is allowed. Order dated 01.12.2016 is set aside. The Appellate Authority(LR),

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C.R.P(LR) Nos.290/2017 & 336/2017

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Thrissur is directed to re-consider the matter and pass appropriate orders after hearing both sides. Orders shall be passed as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment.

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Sd/- Sathish Ninan, Judge.

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vdv

K.v.Govinda Varrier v. Neermangatt Devaswom

Case brief

What is this about?

What did the court decide?

K.v.Govinda Varrier v. Neermangatt Devaswom

Case brief

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What did the court decide?

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