Disposed

Sharafudheen, v. District Collector

Kerala HC13 Feb 2019WP(C)/4233/2019

Case brief

AI extract

What is this about?

The Court directed the Revenue Divisional Officer to decide a pending statutory appeal under the Kerala Land Conservancy Act within four months and ordered suspension of eviction enforcement steps during this period.

What did the court decide?

Direction to the 2nd respondent to dispose the statutory appeal within four months and suspend enforcement of eviction proceedings until such decision.

Sharafudheen, Vs District Collector — 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 ALEXANDER THOMAS

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WEDNESDAY, THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940

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WP(C).No. 4233 of 2019

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PETITIONER:

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SHARAFUDHEEN,

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AMBOTTUVILAYIL VEEDU, THAMARASSERY, VELLALLOOR VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS:

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1 DISTRICT COLLECTOR, CIVIL STATION, THIRUVANANTHAPURAM-695001.

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2 THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM-695001.

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3 THE TAHSILDAR, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT-695041.

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4 VILLAGE OFFICER, VELLALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT-695042.

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SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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W.P.(C) No.4233 of 2019

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Dated this the 13^th day of February, 2019

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J U D G M E N T

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The prayers in this Writ Petition (Civil) are as follows: "

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i. Call for the records relating to Ext.P-1 to P-6 from the respondents.

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ii. Isse a writ of mandamus or any other appropriate writ, order or direction to the 2^nd respondent to consider and pass orders in Ext.P-6 appeal as expeditiously as possible within a time limit fixed by this Hon'ble Court after affording an opportunity of hearing to the petitioner. iii. Such other reliefs which is deemed to be fit and proper to this Hon'ble Court in the facts and circumstances of the case."

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Heard Sri.Latheesh Sebastian, learned counsel

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appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing the respondents.

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It is stated that during the pendency of the consideration of the petitioner's application for assignment of subject property possessed by him, the respondents have initiated proceedings under the Land Conservancy Act to evict him from the subject property. Ext.P-4 is the original order of eviction dated 24.1.2019 issued by the 3^rd respondent Tahsildar. Being aggrieved by Ext.P-4 eviction order, the petitioner has preferred Ext.P-6 statutory appeal u/s 16 of the Kerala Land Conservancy Act, 1957,

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..3..

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W.P.(C).No.4233/2019

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before the 2^nd respondent RDO. The grievance of the petitioner is that during the during the pendency of the consideration of Ext.P-6 statutory appeal, the 3^rd respondent Tahsildar has set in motion Ext.P-5 notice for enforcement of Ext.P-4 eviction order.

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Having regard to the facts and circumstances of this case, it is ordered that the 2^nd respondent RDO will take up Ext.P-6 appeal without much delay, and after affording reasonable opportunity of being heard to the petitioner, will pass final orders so as to dispose of the said appeal, within 4 months from the date of production of a certified copy of this judgment. Until final orders are passed by the 2^nd respondent on Ext.P-6 appeal as aforestated, steps for enforcement of the impugned Exts.P-4 and P-5 proceedings shall remain under suspension.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS,

JUDGE

MMG

W.P.(C).No.4233/2019

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 07.12.2018. EXHIBIT P2 TRUE COPY OF THE LETTER OF THE ADDITIONAL CHIEF SECRETARY, REVENUE DATED 22.03.2006. EXHIBIT P3 TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT DATED 09.11.2018. EXHIBIT P4 TRUE COPY OF THE ORDER BEARING NO.K225918/08 OF THE 3RD RESPONDENT DATED 24.01.2019. EXHIBIT P5 TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT DATED 24.01.2019. EXHIBIT P6 TRUE COPY OF THE APPEAL OF THE PETITIONER FILED BEFORE THE 2ND RESPONDENT DATED 04.02.2019.

Sharafudheen, v. District Collector

Case brief

What is this about?

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Sharafudheen, v. District Collector

Case brief

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