Partly allowed

Ebenazer @ Anbuswamy v. the State of Kerala

Kerala HC26 Jun 2018WP(C)/17347/2018

Case brief

AI extract

What is this about?

This writ petition sought a direction to consider a statutory appeal filed by the petitioner before implementing an order denying him land assignment. The court directed the 3rd respondent to hear the appeal and pass orders within one month, and to withhold implementation of the impugned order until the appeal is decided.

What did the court decide?

The 3rd respondent is directed to consider and pass orders on the appeal within one month. The implementation of the impugned order dated 26.05.2018 is stayed pending such orders.

Ebenazer @ Anbuswamy Vs the State of Kerala — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 26TH DAY OF JUNE 2018 / 5TH ASHADHA, 1940

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WP(C).No. 17347 of 2018

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

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PETITIONER

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EBENAZER @ ANBUSWAMY, AGED 59, S/O.ANBAYYA, EBY HOUSE, IKKA NAGAR, MUNNAR-685612.

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BY ADV.SMT.A.A.SHIBI

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RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, KUYILIMALA, PAINAVA (P.O.), IDUKKI DISTRICT-685603.

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3. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, DEVIKULAM, PIN-685613.

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4. THE TAHSILDAR (L), THALUK OFFICE, DEVIKULAM, PIN-685613.

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5. SECRETARY, MUNNAR GRAMA PANCHAYAT, MUNNAR, IDUKKI DISTRICT,PIN-685612.

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R1 TO R4 BY SPECIAL GOVERNMENT PLEADER SRI K.J.MUHAMMED ANZAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 17347 of 2018 (P)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF RESIDENTIAL CERTIFICATE ISSUED BY MUNNAR PANCHAYATH SECRETARY TO THE PETITIONER.
EXHIBIT P2	TRUE COPY OF BUILDING TAX RECEIPT ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P3	TRUE COPY OF APPLICATION FOR ASSIGNMENT SUBMITTED BY THE PETITIONER BEFORE 4TH RESPONDENT.
EXHIBIT P4	TRUE COPY OF APPLICATION FOR ASSIGNMENT SUBMITTED BY THE PETITIONER DATED 18.6.2016.
EXHIBIT P5	TRUE COPY OF APPLICATION FOR ASSIGNMENT SUBMITTED BY THE PETITIONER DATED 19.7.2017.
EXHIBIT P6	TRUE COPY OF ASSIGNABLE LANDS APPROVED BY THE DISTRICT COLLECTOR IN SURVEY NO.843 OF KDH VILLAGE, OBTAINED UNDER RTI ACT.
EXHIBIT P7	TRUE COPY OF LIST OF ASSIGNEES WITH THEIR LA NUMBERS, WHO GOT LANDS FALLING UNDER SY.NO.843 ASSIGNED, OBTAINED UNDER RTI ACT FROM DEVIKULAM TALUK OFFICE.
EXHIBIT P8	TRUE COPY OF ORDER AFFIXED IN FRONT OF THE PETITIONER'S HOUSE ISSUED BY THE 4TH RESPONDENT DATED 25.5.2018.
EXHIBIT P9	TRUE COPY OF ORDER DATED 26.5.2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P10	TRUE COPY OF APPEAL WITHOUT EXHIBITS SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.

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RESPONDENTS EXHIBITS: NIL

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/TRUE COPY/ K.V. P.S.TO JUDGE 28.06.2018

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ANU SIVARAMAN, J.

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= = = = = = = = = = = = = = = W.P.(C).No.17347 of 2018

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= = = = = = = = = = = = = = = Dated this the 26th day of June, 2018

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JUDGMENT

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1.Heard learned counsel for the petitioner and the learned Special Government Pleader.

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2.Petitioner has approached this Court seeking directions for consideration of Ext.P10 appeal before implementing Ext.P9 order. It is submitted by the learned counsel for the petitioner that the petitioner is entitled to have the statutory appeal considered in accordance with law before Exhibit P9 order is implemented.

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3.The learned Special Government Pleader would submit, on instructions, that Exhibit P10 appeal is received and is pending before the respondent.

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4.In the above view of the matter, there will be a direction to the

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3^rd respondent to take up, consider and pass orders on Exhibit

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W.P.(C).No.17347/18

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P10 appeal, after hearing the petitioner as well. Orders shall be passed, at the earliest, at any rate within a period of one month from the date of receipt of a copy of this writ petition. Till orders are passed on Exhibit P10 appeal, Exhibit P9 shall not be implemented.

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The writ petition is ordered accordingly.

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Sd/-

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Anu Sivaraman, Judge

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Ebenazer @ Anbuswamy v. the State of Kerala

Case brief

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Ebenazer @ Anbuswamy v. the State of Kerala

Case brief

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