Disposed

Youth Friends Association (Yfa), v. District Collector

Kerala HC7 Jan 2020WP(C)/120/2020

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Kerala held that under the Kerala Land Conservancy Act, revision lies before the Land Revenue Commissioner, not the District Collector. The court directed the Commissioner to receive the petition if resubmitted within two weeks and maintained the status quo.

What did the court decide?

Directing the Land Revenue Commissioner to receive the revision if resubmitted within two weeks and maintain status quo.

Youth Friends Association (Yfa), Vs District Collector — Writ and Judicial Review | 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.120 OF 2020(L)

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PETITIONER/S:

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YOUTH FRIENDS ASSOCIATION (YFA), KOCHI-682 508, REPRESENTED BY ITS SECRETARY, SRI.C.M.XAVIER, SON OF MATHEW, AGED 67 YEARS, CHAKKIAMURI HOUSE, OCHAMTHURUTH POST, KOCHI-682 508.

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BY ADV. SRI.DENIZEN KOMATH

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RESPONDENT/S:

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1 DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE, ERNAKULAM.

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2 REVENUE DIVISIONAL OFFICER, FORT KOCHI-1.

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3 TAHZILDAR, TALUK OFFICE, KOCHI-1.

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4 VILLAGE OFFICER, PUTHUVYPU VILLAGE OFFICE, OCHAMTHURUTH POST, KOCHI-682 508.

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ADDL.R5 THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. (IS SUO MOTU IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER ORDER DATED 07.01.2020).

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BY GOVERNMENT PLEADER, SRI.RAVIKRISHNAN

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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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WP(C).No.120/2020 2

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JUDGMENT

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Dated this the 7th day of January 2020

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The petitioner approached the District Collector by Ext.P8 revision under the Kerala Land Conservancy Act, 1957 (for short, the 'Act'). The challenge is against an appellate order passed by the Revenue Divisional Officer. The remedy of the petitioner, in such circumstances, to invoke the revisional jurisdiction of the Land Revenue Commissioner. According to the petitioner, they had invoked the revisional jurisdiction of the Land Revenue Commissioner. However, they were directed to approach the District Collector in revision.

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In the light of the statutory provisions contemplated under Section 16(4) of the Act, the revision would lie only before the Land Revenue Commissioner. Accordingly, the Land Revenue Commissioner is directed to receive the revision if the petitioner resubmits the revision within two weeks from today. Thereafter, the revision shall be considered within a period of three months after notice to the petitioner. Till then, 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

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JUDGE

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WP(C).No.120/2020 3

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 TRUE PHOTOCOPY OF THE PETITIONER ASSOCIATION	PUBLIC NOTICE ISSUED BY THE .
EXHIBIT	P2 TRUE PHOTOCOPY OF THE ISSUED FROM THE OFFICE 19.03.1991.	LAND VALUE CERTIFICATE OF THE 3RD RESPONDENT DATED
EXHIBIT	P3 TRUE PHOTOCOPY OF THE OFFICE OF THE SECRETAR PANCHAYAT DATED 16.07.	CERTIFICATE ISSUED FROM THE Y, ELAMKUNMNAPUZHA GRAMA 2018.
EXHIBIT	P4 TRUE PHOTOCOPY OF THE OF 3RD RESPONDENT DATE NO.M4-3258/18 AND LC N	ORDER ISSUED FROM THE OFFICE D 19.06.2018 VIDE REFERENCE O.14/17-18 INCLUDING C FORM.
EXHIBIT	P5 TRUE PHOTOCOPY OF THE PETITIONER ASSOCIATION	OBJECTION PREFERRED BY THE DATED 01.06.2018.
EXHIBIT	P6 TRUE PHOTOCOPY OF THE 2ND RESPONDENT DATED 2	IMPUGNED ORDER ISSUED BY THE 5.11.2019.
EXHIBIT	P7 TRUE PHOTOCOPY OF THE PETITIONER ASSOCIATION PERTAINING SY.NO.833 A	REQUEST PREFERRED BY THE CHALLENGING THE RE-SURVEY ND ITS SUB DIVISIONS.
EXHIBIT	P8 TRUE PHOTOCOPY OF THE BY THE PETITIONER BEFO	STATUTORY REVISION PREFERRED RE THE RESPONDENT.

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RESPONDENTS EXHIBITS:NIL.

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//TRUE COPY//

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P.A.TO JUDGE

Youth Friends Association (Yfa), v. District Collector

Case brief

What is this about?

What did the court decide?

Youth Friends Association (Yfa), v. District Collector

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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