Disposed

S. Gireesh Kumar v. State of Kerala

Kerala HC23 Mar 2018WP(C)/7616/2018

Case brief

AI extract

What is this about?

The Court disposed of the writ petition against the backdrop of ongoing appeal proceedings and pending revenue recovery actions, restricting the District Collector from taking coercive measures pending the Government's order.

What did the court decide?

Directed the 2nd respondent to ensure that no coercive action is taken against the petitioner till orders are passed by the Government on the appeal.

S. Gireesh Kumar Vs State of Kerala — Cooperative Societies | 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 SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940

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WP(C).No. 7616 of 2018

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PETITIONERS

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S. GIREESH KUMAR, AGED 52, S/O. LATE V. SASISEKHARAN NAIR, PARVATHY NIVAS, PURAVOORKONAM VAZHAYILA, KARAKULAM P.O, THIRUVANANTHAPURAM - 695 564.

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BY ADVS.SRI.SADCHITH.P.KURUP,

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SRI.C.P.ANIL RAJ.

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY, CO- OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION BUILDING, CIVIL STATION ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM- 695 043.

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3. THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES, VANCHIYOOR, THIRUVANANTHAPURAM - 695 035.

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4. THE KERALA STATE FINANCIAL ENTERPRISES STAFF CO- OPERATIVE SOCIETY LIMITED NO. 777, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, STATUE, THIRUVANANTHAPURAM - 695 001.

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R1 TO R3 BY SR. GOVT. PLEADER SRI.BIJOY CHANDRAN.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs. 28/03/2018.

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WP(C).No. 7616 of 2018 (B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF ORDER DATED 29/01/2015 ISSUED BY 1ST RESPONDENT.
EXHIBIT P2	TRUE COPY OF NOTICE DATED 11/08/2015 ISSUED BY ENQUIRY OFFICER ( ASSISTANT REGISTRAR, GENERAL).
EXHIBIT P3	TRUE COPY OF NOTICE DATED 08/02/2016 ISSUED BY 3RD RESPONDENT.
EXHIBIT P4	TRUE COPY OF ORDER DATED 27/04/2016 ISSUED BY THE THIRD RESPONDENT.
EXHIBIT P5	TRUE COPY OF APPEAL DATED 07/07/2016 FILED BY PETITIONER.
EXHIBIT P6	TRUE COPY OF STAY PETITION DATED 07/07/2016 FILED BY PETITIONER.
EXHIBIT P7	TRUE COPY OF ORDER DATED 09/08/2016 ISSUED BY 1ST RESPONDENT.
EXHIBIT P8	TRUE COPY OF HEARING NOTICE DATED 27/01/2018 ISSUED BY 1ST RESPONDENT.
EXHIBIT P9	TRUE COPY OF REPRESENTATION DATED 24/02/2018 GIVEN BY PETITIONER.
EXHIBIT P10	TRUE COPY OF DEMAND NOTICE DATED 12/02/2018 RECEIVED BY PETITIONER.

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RESPONDENT'S EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs. 28/03/2018.

P.V.ASHA, J.

W.P.(C) No.7616 of 2018-B

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Dated this the 23^rd day of March, 2018 JUDGMENT

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The grievance of the petitioner is that even after Ext.P5 appeal submitted before the Government was heard on 22.6.2018, orders are not passed and in the meanwhile revenue recovery proceedings are initiated as per Ext.P10 notice. The petitioner has therefore submitted Ext.P9 before the District Collector, Thiruvananthapuram pointing out that orders are awaited from Government in the appeal.

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The learned Government Pleader on instructions submitted that orders will be passed on Ext.P5 appeal within a period of one month. In the above circumstances, the writ petition is disposed of directing the 2^nd respondent to see that no coercive action is taken against the petitioner, till orders are passed by Government on Ext.P5.

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Sd/-

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P.V.ASHA JUDGE

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rkc

S. Gireesh Kumar v. State of Kerala

Case brief

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S. Gireesh Kumar v. State of Kerala

Case brief

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