Disposed

P.D.Rajan v. State of Kerala

Kerala HC7 Mar 2019WP(C)/3244/2019

Case brief

AI extract

What is this about?

The High Court directed revenue officials to complete the survey and identification of encroachments within one month while the District Collector determines the pending Section 13A application. Police assistance was mandated if obstruction occurs pending final disposal.

What did the court decide?

Directed revenue authorities to complete encroachment identification in one month and District Collector to dispose Section 13A application within two months; police to afford assistance.

P.D.Rajan Vs State of Kerala — Land Acquisition | Kerala HC (2019)

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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 A.MUHAMED MUSTAQUE

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THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940

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WP(C).No. 3244 of 2019

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PETITIONER:

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P.D.RAJAN, AGED 67 YEARS, S/O, DIVAKARAN, PERMANENTLY RESIDING AT KALEEKAL THEKKETHIL HOUSE, NOORANAD P.O., ALAPPUZHA DISTRICT.

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BY ADV. SRI.NIRMAL V NAIR

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RESPONDENTS:

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

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2 THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA - 688 001.

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3 DEPUTY DIRECTOR OF SURVEY, COLLECTORATE, CIVIL STATION, CIVIL STATION, ALAPPUZHA - 688 001.

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4 THE REVENUE DIVISIONAL OFFICER, CHENGANNUR SUB DIVISION, O/O RDO, CHENGANNUR, MAVELIKARA- KOZHENCHERY ROAD - SH 10, CHENGANNUR, ALAPPUZHA - 689 121.

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5 TALUK SURVEYOR, TALUK OFFICE, MAVELIKARA, ALAPPUZHA - 690 101.

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6 THAHSILDAR, TALUK OFFICE, MAVELIKARA, ALAPPUZHA - 690 101.

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7 THE VILLAGE OFFICER, PALAMEL VILLAGE, ALAPPUZHA - 690 504.

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8 DR. SUJITHA KUMARI, W/O K.V. PRATHEESH KUMAR, KALATHIL GREESHMAM HOUSE, PERUNNA MURI, CHANGANASSERI VILLAGE, CHANGANASSERI TALUK, KOTTAYAM - 686 101.

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9 SUDEEP KUMAR, S/O LATE K.R.GANGADHARAN PILLAI, KALEEKKAL THEKKETHL MANJEESHWARAM HOUSE, NOORANAD P.O., ALAPPUZHA DISTRICT - 690 504.

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WP(C).No. 3244 of 2019

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10 M.V. RAJALAKSHMI, W/O LATE GANGADHARAN PILLAI, KALEEKKAL THEKKETHL MANJEESHWARAM HOUSE, NOORANAD P.O., ALAPPUZHA DISTRICT - 690 504.

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11 DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, ALAPPUZHA - 689 122.

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BY ADVS. SRI.P.S.RAGHUKUMAR SRI.S.ARAVIND

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KJ MOHAMED ANSAR SPL GP REVENUE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3244 of 2019

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JUDGMENT

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This writ petition is filed seeking a direction to respondents 2 to 7 to finalize action pursuant to Ext. P4 order to remove the encroachments and unauthorized occupation of Government land by the party respondents. This Court had passed a detailed order on 11.02.2019. The learned Government Pleader would submit that the Surveyor had visited the property to measure the property and the party respondents objected to the same and today another notice will be issued and with the Police assistance the land belonging to the Government will be identified. Based on such identification necessary action will be taken under the Kerala Land Conservancy Act 1957 to remove encroachments, if any.

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2.The party respondents submitted that they moved the District Collector under Section 13 A of the Kerala Survey and Boundaries Act, 1961, to rectify anomalies in the survey R8(C) is the request. In such circumstances, the District Collector shall expediate and conclude the proceedings based on the application filed by the party respondents within a period of two months after notice to party respondents and the petitioner. However, nothing will prevent the Taluk Surveyor and Tahsildar in identifying the Government land in accordance with the survey sketch available. However, such exercise will be subject to the outcome of any decision of the District Collector. The

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WP(C).No. 3244 of 2019

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Revenue Authority shall complete the entire exercise to identify the encroachments, if any, in the Government land within an outer limit of one month. However, no action shall be taken till the District Collector disposes the application

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under Section 13 A of the Kerala Survey and Boundaries Act, 1961. Once proceedings are concluded by the District Collector and if any encroachments are found out, needful shall be done to remove such encroachments within a further period of one month after issuing notice to the party respondents. The jurisdictional Police shall afford necessary assistance to the Revenue Authorities if any obstructions is caused in identifying the Government land by any of the party respondents.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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akv

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WP(C).No. 3244 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE LETTER NO.104/18/CSD DATED 17-1-2018 ISSUED BY THE 11TH RESPONDENT TO THE 6TH RESPONDENT.

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EXHIBIT P2	A TRUE 5-2018 THE 2ND	COPY OF THE REPRESENTATION DATED 5- SUBMITTED BY THE PETITIONER BEFORE RESPONDENT.
EXHIBIT P3	A TRUE ISSUED RESPOND	COPY OF THE LETTER NO. C9.3344/2018 BY THE 6TH RESPONDENT TO THE 4TH ENT.
EXHIBIT P4	A TRUE ISSUED RESPOND	COPY OF THE LETTER DATED 19-11-2018 BY THE 4TH RESPONDENT TO THE 6TH ENT.
EXHIBIT P5	A TRUE OF THE	COPY OF O.S.NO320/2018 ON THE FILES COURT OF MUNSIFF, MAVELIKARA.
EXHIBIT P6	A TRUE NO.557 TALUK.	COPY OF RE-SURVEY SKETCH OF FIELD OF THE PALAMEL VILLAGE, MAVELIKARA
EXHIBIT P7	A TRUE ISSUED	COPY OF THE NOTICE NO. C9.3344/18 BY THE 6TH RESPONDENT.
EXHIBIT P8	A TRUE 17-9-20	COPY OF THE LETTER C9.3344/18 DATED 18 ISSUED BY THE 6TH RESPONDENT.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R8(A) A TRUE COPY OF THE ORDER DATED 15.10.2018 IN O.S.320/2018 PASSED BY THE HON'BLE MUNSIFF'S COURT, MAVELIKARA. EXHIBIT R8(B) A TRUE COPY OF THE PETITION DATED 22.12.2018 FORWARDED BY THE PETITIONER TO THE 2ND RESPONDENT DISTRICT COLLECTOR. EXHIBIT R8(C) A TRUE COPY OF THE REVISION PETITION DATED 11.02.2019 FILED BY THIS RESPONDENT BEFORE THE 2ND RESPONDENT.

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WP(C).No. 3244 of 2019

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EXHIBIT R8(D)

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A TRUE COPY OF THE RECECIPT DATED 14.02.2019 IN REGISTRATION OF THE REVISION PETITION.

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//TRUE COPY//

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CA TO JUDGE

P.D.Rajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.D.Rajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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