Dismissed

Suresh P.R. @ Suresh Kurup, v. State of Kerala

Kerala HC23 Jan 2020WP(C)/1022/2020

Case brief

AI extract

What is this about?

This is a writ petition challenging an eviction order. The court ordered the Land Revenue Commissioner to dispose of the pending statutory revision against the eviction order by issuing notice to the petitioner within three months, with status quo maintained until then.

What did the court decide?

The Land Revenue Commissioner is directed to dispose of the pending statutory revision by issuing notice to the petitioner within three months, maintaining the status quo until then.

Suresh P.R. @ Suresh Kurup, Vs State of Kerala — 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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THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

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WP(C).No.1022 OF 2020(C)

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PETITIONER:

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SURESH P.R. @ SURESH KURUP, AGED 57 YEARS, SAJJANAKUDI, ELAMKUNNAPUZHA POST, VYPEEN-682 503.

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BY ADV. SRI.DENIZEN KOMATH

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RESPONDENTS:

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

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2 THE LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM-695 033.

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3 REVENUE DIVISIONAL OFFICER, FORT KOCHI-682 001.

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4 THE SPECIAL TAHSILDAR, COCHIN DEVASWOM BOARD, THRISSUR.

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5 TAHSILDAR, TALUK OFFICE, FORT KOCHI-1.

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BY ADV.SRI.M R DHANIL, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1022 OF 2020

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-2-

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JUDGMENT

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Dated this the 23rd day of January 2020

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The petitioner approached the second respondent- Land Revenue Commissioner as against Ext.P4 order dated 05.11.2019 passed by the third respondent-Revenue Divisional Officer under the Kerala Land Conservancy Act, 1957. Ext.P5 is the said statutory revision pending before the second respondent. The petitioner approached this Court for eminent action of the eviction pursuant to the impugned order in revision.

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In the light of the pendency of Ext.P5 revision

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before the Land Revenue Commissioner, it is appropriate to order that the Land Revenue Commissioner dispose the same after issuing notice to the petitioner within a period of three months.

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In the meanwhile, status quo as on today shall be maintained.

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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

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akv/23.1.2020

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WP(C).No.1022 OF 2020

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-3-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTICE ISSUED UNDER SECTION 12 OF THE KERALA LAND CONSERVANCY ACT DATED 27/01/2016.

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EXHIBIT P2 TRUE PHOTOCOPY OF THE IMPUGNED NOTICE ISSUED UNDER RULE 11 OF KERALA LAND CONSERVANCY RULES DATED 03/02/2017.

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EXHIBIT P3 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.8516/2017 DATED 14/03/2017.

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EXHIBIT P4 TRUE PHOTOCOPY OF THE IMPUGNED ORDER ISSUED BY THE 3RD RESPONDENT DATED 05/11/2019 VIDE REFERENCE NUMBER F-1749/2017.

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EXHIBIT P5 TRUE PHOTOCOPY OF THE STATUTORY REVISION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12/12/2019.

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EXHIBIT P6 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE DEVASWOM OFFICER, ELAMKUNNAPUZHA DATED 08/01/2020.

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RESPONDENT'S/S EXHIBITS : NIL.

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//TRUE COPY//

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P.A. TO JUDGE

Suresh P.R. @ Suresh Kurup, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suresh P.R. @ Suresh Kurup, 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

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