Disposed

Leo Sebastian v. the District Collector, Ernakulam

Kerala HC7 Jan 2020WP(C)/10/2020

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Tahasildar to consider the petitioner's objection regarding the fifth respondent's eligibility for assignment under the Kerala Land Assignment Act before passing any order, ensuring both parties are heard. The court also mandated service of the objection copy to the fifth respondent.

What did the court decide?

Direction to Tahasildar to consider petitioner's objections and hear both parties before passing order on fifth respondent's application for land assignment.

Leo Sebastian Vs the District Collector, Ernakulam — Land Acquisition | Kerala HC (2020)

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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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TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941

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WP(C).No.10 OF 2020(A)

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PETITIONER/S:

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LEO SEBASTIAN AGED 39 YEARS S/O SEBASTIAN THOMAS,MUTTATH HOUSE, KANJIRAPALLY.P.O, KOTTAYAM,PIN-686507.

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BY ADVS. SRI.M.K.ABOOBACKER SRI.D.M.NOWFAL

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, ERNAKULAM ERNAKULAM,PIN-682030.

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2 THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA,PIN-686661.

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3 THE TAHASILDAR, KUNNATHUNADU TALUK,KUNNATHUNADU, PERUMBAVOOR,PIN-683542.

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4 THE VILLAGE OFFICER, MAZHUVANNOOR VILLAGE,MAZHUVANNOOR, PIN-686669.

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5 A.V.SASI, S/O VELAYUDHAN,ELLAPPARA HOUSE, NORTH MAZHUVANNOOR.P.O,PIN-686689.

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OTHER PRESENT:

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RAVIKRISHNAN GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Wpc 10/2020

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JUDGMENT

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Dated this the 7th day of January 2020

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The petitioner raised an objection before the third respondent against assignment of land in favour of the fifth respondent invoking the provisions under the Kerala Land Assignment Act. The petitioner's case is that the fifth respondent is not eligible for assignment. The petitioner set out a detailed objection as seen from Exhibit-P12. In such circumstances, the Tahsildar shall consider the petitioner's objection while considering the application, if any, submitted by the fifth respondent for assignment. Needless to say, the petitioner and the fifth respondent shall also be heard by the Tahsildar before any order is passed on the application submitted by the fifth respondent. The petitioner shall also serve a copy of Exhibit-P12 objection on the fifth respondent within two weeks. It is made that without adverting to the objections of the petitioner, no action shall be taken by the Tahsildar, if no decision has been taken so far.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	PHOTOCOP OF THE BASIC TAX REGISTER
EXHIBIT P2	PHOTOCOPY OF THE ORDER ISSUED BY 3RD RESPONDENT DATED 15.10.2019
EXHIBIT P3	PHOTOCOPY OF THE MAHAZAR PREPARED BY 4TH RESPONDENT DATED 8.11.2019.
EXHIBIT P4	PHOTOCOPY OF THE TAX RECEIPT ISSUED BY 4TH RESPONDENT DATED 9.2.2016
EXHIBIT P5	PHOTOCOPY OF THE SALE DEED NO.2647/1978 SRO,AIKKARANADU DATED 16.10.1978
EXHIBIT P6	PHOTOCOPY OF THE SALE DEED NO.1299/1993 SRO,PUTHENCRUZ DATED 1.4.1993.
EXHIBIT P7	PHOTOCOPY OF THE SALE DEED NO.5287/1994 SRO, PUTHENCRUZ DATED 27.10.1994
EXHIBIT P8	PHOTOCOPY OF BASIT TAX REGISTER.
EXHIBIT P9	PHOTOCOPY OF THE RATION CARD DETAILS OF 5TH RESPONDENT
EXHIBIT P10	PHOTOCOPY OF THE DETAILS OF PROPERTY TAX RECEIPT OF MAZHUVANNOOR GRAMA PANCHAYAT.
EXHIBIT P11	PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 10.12.2019
EXHIBIT P12	PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT
EXHIBIT P13	PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT
EXHIBIT P14	PHOTOCOPY OF THE RECEIPT SHOWING THE ACKNOWLEDGMENT DATED 10.12.2019.

Leo Sebastian v. the District Collector, Ernakulam

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Leo Sebastian v. the District Collector, Ernakulam

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