Disposed

P.Sundaran v. State of Kerala

Kerala HC6 Nov 2020WP(C)/10138/2019

Case brief

AI extract

What is this about?

High Court bench disposed of a writ petition seeking mandamus to implement a government order regarding Karaima land rights. The Court directed Karaima holders to approach the Land Tribunal considering a recent Land Board order, noting it did not opine on the legality of that order.

What did the court decide?

Petition disposed; liberty given to Karaima holders to approach the Land Tribunal for consideration of their applications based on the Land Board order.

P.Sundaran Vs State of Kerala — Land Acquisition | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

FRIDAY, THE 06TH DAY OF NOVEMBER 2020 / 15TH KARTHIKA, 1942

¶5

WP(C).No.10138 OF 2019(N)

¶6

PETITIONERS:

¶7

1 P.SUNDARAN,AGED 75 YEARS PRESIDENT, KARAIMA KUDIYAN SAMRAKSHANA SAMITHI, KOZHIKODE DISTRICT COMMITTEE, REG NO 235/2012, 17/1460 B-4, RAM MOHAN ROAD, KOZHIKODE-673 004.

¶8

2 K.RAGHAVAN, SECRETARY, KARAIMA KUDIYAN SAMRAKSHANA SAMITHI KOZHIKODE DISTRICT COMMITTEE, REG NO 235/2012, 17/1460 B-4 RAM MOHAN ROAD, KOZHIKODE 673 004.

¶9

BY ADVS. SRI.T.SETHUMADHAVAN (SR.) SMT.PREETHI. P.V. SRI.M.V.BALAGOPAL SMT.DEEPA NARAYANAN

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

¶12

2 THE PRINCIPAL SECRETARY (REVENUE), GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶13

3 THE DISTRICT COLLECTOR, COLLECTORATE, KOZHIKODE 673 020

¶14

4 THE DEPUTY COLLECTOR (LR) COLLECTORATE, KOZHIKODE-673 020

¶15

-2-

¶16

WP(C).No.10138 OF 2019(N)

¶17

5 THE SPECIAL TAHSILDAR (LR), KOZHIKODE-673 101

¶18

6 THE SECRETARY, STATE LAND BOARD, THRIUVANANTHAPURAM-695 033

¶19

R BY SRI HANIL KUMAR - SPL GOVERNMENT PLEADER

¶20

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

-3-

¶22

WP(C).No.10138 OF 2019(N)

¶23

JUDGMENT

¶24

The 1^st petitioner is the President of Karaima Kudiyan Samrakshana Samithi, Kozhikode District Committee and the 2^nd petitioner is the Secretary of that Samithi. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent State to complete the steps taken pursuant to Ext.P7 Government Order dated 19.09.2017 and implement the same within a time limit to be fixed by this Court. The petitioners have also sought for a writ of mandamus commanding respondents 4 and 5 to keep all applications, filed by the Karaima holders, pending, until a final decision is taken by the 1^st respondent in furtherance of Ext.P7 order.

¶25

The 1^st respondent has issued Ext.P7 order, pursuant to the direction contained in Ext.P6 judgment of this Court dated 05.01.2017 in W.P.(C)No.32475 of 2015, whereby the Government was directed to consider Exts.P1 and P2 and take a decision on the same, in accordance with law, taking

¶26

-4-

¶27

WP(C).No.10138 OF 2019(N)

¶28

into account the developments took place, as evident from Exts.P3 and P4, after providing an opportunity of hearing to the petitioners, within a period of three months from the date of receipt of a copy of that judgment. After Ext.P6 judgment, the 1^st respondent considered the earlier steps taken in the matter of introduction of a legislation for amendment of Kerala Land Reforms Act, 1963 and ultimately decided to introduce an amendment, without any scope of interference, to protect the interest of the karaima holders. In Ext.P7, it is stated that steps have been taken to introduce the legislation.

¶29

On 02.04.2019, when this writ petition came up for admission, this Court passed the following order;

¶30

“It is seen from pleadings, the petitioners are seeking relief on behalf off 382 applicants who are karaima holders. In such a situation, the petitioners are bound to pay court fee for all the 382 applicants or such other persons on whose behalf the reliefs are sought. The petitioners shall furnish the list of such members and pay court fee accordingly.”

¶31

On 10.10.2019, when this writ petition came up for

¶32

admission this Court admitted the matter on file and allowed

¶33

-5-

¶34

WP(C).No.10138 OF 2019(N)

¶35

the interlocutory application to accept additional document. The submission made by the learned counsel for the petitioner that the court fee directed to be paid by the order dated 02.04.2019 is being paid was recorded and the matter was posted after three weeks for the counter affidavit of the respondents.

¶36

On 04.11.2020, when this writ petition came up for consideration, this Court allowed I.A.No.1 of 2020 filed by the petitioners seeking an order to accept Ext.P10 order dated 16.07.2020 of the Land Board, as an additional document, which is one issued invoking its powers under Section 101 of the Kerala Land Reforms Act.

¶37

As evidenced by Ext.P10, the Land Board in

¶38

exercise of its powers under clause (b) of sub-section (2) of Section 101 of the Kerala Land Reforms Act and as directed by the State Government has issued certain directions to the Land Tribunal for the issuance of purchase certificate in respect of the extent of land to which each Karaima holder is legally entitled to.

¶39

-6-

¶40

WP(C).No.10138 OF 2019(N)

¶41

Heard the learned Senior Counsel for the

¶42

petitioners and also the learned Special Government Pleader appearing for the respondents.

¶43

Having considered the pleadings and materials on record and also the submissions made by the learned Senior Counsel for the petitioners and also the learned Special Government Pleader, this Court finds that it is for the members of the Karaima Kudiyan Samrakshana Samithi to approach the concerned Land Tribunal for consideration of their respective applications, in the light of Ext.P10 order dated 16.07.2020 of the Land Board. If any such request is made, it is for the Land Tribunal to consider that request, in accordance with law.

¶44

In such circumstances, this writ petition is disposed of giving liberty to the members of the Karaima Kudiyan Samrakshana Samithi to approach the concerned Land Tribunal for consideration of their respective applications, in the light of Ext.P10 order dated 16.07.2020 of the Land Board. It is made clear that in this judgment, this Court has

¶45

-7-

¶46

WP(C).No.10138 OF 2019(N)

¶47

not expressed anything as to the legality or otherwise of Ext.P10 order dated 16.07.2020 of the Land Board.

¶48

Sd/-

¶49

ANIL K.NARENDRAN, JUDGE

¶50

AV/10/11

¶51

-8-

¶52

WP(C).No.10138 OF 2019(N)

¶53

APPENDIX

¶54

PETITIONER'S/S EXHIBITS:

¶55

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE 12TH KERALA LEGISLATIVE ASSEMBLY MEETING DATED 26.9.2006 EXHIBIT P2 TRUE COPY OF THE REPORT OF THE COMMITTEE DATED 17.12.2008 EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE MEETING DATED 28.11.2013

¶56

EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING DATED 6.11.2014

¶57

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE INFORMATION OFFICER BY THE REVENUE DEPARTMENT, THIRUVANANTHAPURAM DATED 23.9.2015 EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO 32475/2015 DATED 5.1.2017 EXHIBIT P7 TRUE COPY OF G.O.(MS) NO 319/2017/REVENUE DATED 19.9.2017

¶58

EXHIBIT P8 TRUE COPY OF THE REPLY RECEIVED FROM THE 1ST RESPONDENT DATED 16.2.2018 EXHIBIT P9 TRUE COPY OF THE DETAILS OF THE KARAIMA HOLDERS

¶59

EXHIBIT P10 TRUE COPY OF THE LAND BOARD ORDER NO.L.B.E11-8498/2005 DATED 16/7/2020

P.Sundaran v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.Sundaran 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

Coram

Case details

Similar cases

K B Abdul Kareem Vs State of Kerala

Ajanthakumari Vs State of Kerala

V.P.Joy Vs State of Kerala

K.v.Pareed Vs District Police Chief

Meppayur Salafi Training College Vs National Council for Teacher Education

Iqbal College Trust Vs National Council for Teacher Education