Disposed

Abdul Navas.P.a v. the State of Kerala

Kerala HC12 Apr 2018WP(C)/2147/2018

Case brief

AI extract

What is this about?

The High Court of Kerala directed the third respondent to consider the petitioner's objection to an eviction notice pending, completing the process within two months, while extending an interim stay on dispossession.

What did the court decide?

Direction to the third respondent to consider the petitioner's Ext.P9 objection and attain finality within two months; interim stay on dispossession extended.

Abdul Navas.P.a 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 MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 12TH DAY OF APRIL 2018 / 22ND CHAITHRA, 1940

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WP(C).No. 2147 of 2018

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PETITIONER:

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ABDUL NAVAS.P.A, S/O.ABDULLA KUNJU, AGED 52 YEARS, PARATHARA, VANDANAM.P.O., AMBALAPUZHA, PIN-688 005.

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BY ADV.SRI.K.A.MANZOOR ALI

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RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001

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2. PUNNAPRA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PANCHAYATH OFFICE, PUNNAPRA, PIN-688 004.

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3. SECRETARY, PUNNAPRA GRAMA PANCHAYATH, PANCHAYATH OFFICE, PUNNAPRA, PIN-688 004.

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4. THE TAHSILDAR (ADDITIONAL), TALUK OFFICE, AMBALAPUZHA-688 005

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R1 & R4 BY SR GOVERNMENT PLEADER SRI.SANTHOSH PETER R2 & R3 BY ADV. SRI.K.V.SADANANDA PRABHU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-04-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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13/4/2018

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WP(C).No. 2147 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1	COPY OF THE	SALE DEED NO.979/2003 OF SRO ALAPPUZHA
EXT.P2	COPY OF THE RESPONDENT	APPLICATION DATED 14/12/2009 FILED BEFORE THE 2ND
EXT.P3	COPY OF THE PUNNAPRA.	MAHASSAR DATED 14/9/2010 OF THE VILLAGE OFFICER,
EXT.P4	COPY OF THE PUNNAPRA	REPORT DATED 14/9/2017 OF THE VILLAGE OFFICER,
EXT.P5	COPY OF THE THE 2ND RESP	LETTER DATED 8/10/2010 ISSUED BY THE TAHASILDAR TO ONDENT PANCHAYATH.
EXT.P6	COPY OF THE	DECISION DATED 30/12/2010 OF THE PANCHAYATH
EXT.P7	COPY OF THE COMMITTEE	PROCEEDINGS DATED 6/9/2011 OF LAND ASSIGNMENT
EXT.P8	COPY OF THE	NOTICE DATED 3/1/2018 ISSUED BY THE 3RD RESPONDENT
EXT.P9	COPY OF THE TO THE 3RD R	REPLY DATED 12/1/2018 SUBMITTED BY THE PETITIONER ESPONDENT
EXT.P10	COPY OF THE RESPONDENT	RECEIPT DATED 15/1/2018 ISSUED BY THE 3RD
EXT.P11	COPY OF THE THE LAND CON	PROPER FORM OF NOTICE IN FORM B AS PER RULE 9 OF SERVANCY ACT 1958.
EXT.P12	COPY OF THE	SAID ASSIGNMENT IN FAVOUR OF SOMAN
EXT.P12(a)	COPY OF THE	SAID ASSIGNMENT IN FAVOUR OF THANKAMMA.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts 13/4/2018

SHAJI P. CHALY, J.

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W.P.(C) No.2147 of 2018

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----------------------------------------------Dated this the 12^th day of April, 2018

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J U D G M E N T

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According to the petitioner, by virtue of Ext.P1 petitioner obtained about 1.86 Ares and 3 Ares of property. According to the petitioner, the aforesaid properties are being accessed to by using a puramboke land. While the petitioner is the user of the said puramboke lands, Ext.P4 notice is issued directing the petitioner to vacate the premises, to which petitioner has submitted Ext.P9, which is pending consideration.

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I have heard learned counsel for petitioner, learned Government Pleader as well as counsel appearing for respondents 3 and 4 and perused the pleadings and documents on record.

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Since the petitioner has already filed objection to Ext.P8 eviction notice, I think it is only appropriate that, writ petition is disposed of with suitable directions. Therefore, there will be a direction to the 3^rd respondent to

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W.P.(C) No.2147 of 2018

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consider Ext.P9 objection submitted by the petitioner and attain finality at the earliest possible time and at any rate within two months from the date of receipt of copy of this judgment. When this writ petition was admitted to the files of this court, an interim order was passed on 19.1.2018 against the dispossession for a period of one month, which is being extended and is in force even now. The said interim order will continue till such time the directives are complied with.

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Writ petition is disposed of accordingly.

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Sd/- SHAJI P. CHALY JUDGE

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smv 12.4.2018

Abdul Navas.P.a v. the State of Kerala

Case brief

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Abdul Navas.P.a v. the State of Kerala

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