Allowed

C.v.John v. State of Kerala

Kerala HC3 Feb 2020WP(C)/1547/2020

Case brief

AI extract

What is this about?

The court directed that the petitioner's land must not be acquired without following land acquisition proceedings. The court further ordered that disputes regarding the land's status can only be resolved after issuing a notice to the petitioner and identifying the land with necessary official assistance.

What did the court decide?

No property belonging to the petitioner should be acquired without landing acquisition proceedings; disputes over state ownership can be decided only after notice to the petitioner.

C.v.John Vs State of Kerala — Municipal and Town Planning | 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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MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941

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WP(C).No.1547 OF 2020(P)

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PETITIONER/S:

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C.V.JOHN, AGED 77 YEARS, S/O. LATE VARGHESE, RESIDING AT CHERIPARAMBIL HOUSE, PERINGOL MURI, KAVUMBHAGOM VILLAGE, KAVUMBHAGOM P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.P.HARIDAS SRI.CHERIAN GEE VARGHESE SRI.BIJU HARIHARAN SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE CHIEF TOWN PLANNER, STATE OF KERALA, THIRUVANANTHAPURAM, PIN-695 004.

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3 THE CHIEF ENGINEER, PUBIC WORKS DEPARTMENT (ROADS) THIRUVANANTHAPURAM, PIN-695 001.

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4 THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN-689 645.

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5 REVENUE DIVISIONAL OFFICER, THIRUVALLA, PIN-689 101.

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6 TAHSILDAR, TALUK OFFICE, THIRUVALLA, PIN-689 101.

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7 TAHSILDAR (LAND RECORDS) TALUK OFFICE, THIRUVALLA, PIN-689 101.

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8 EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), PATHANAMTHITTA, PIN-691 523.

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9 ASSISTANT EXECUTIVE ENGINEER, PWD ROADS, THIRUVALLA, PIN-689 101.

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10 VILLAGE OFFICER, KAVUMBHAGOM, PIN-689 102.

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11 TALUK SURVEYOR, THIRUVALLA, PIN-689 101.

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BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1547/2020 2

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JUDGMENT

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Dated this the 3rd day of February 2020

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The grievance of the petitioner is that without proceeding to acquire the land in accordance with the Land Acquisition Act, an attempt is being made to acquire the land belonging to him. Apparently, it appears that the State officials initiated action as the land belonging to the State. If there are any mistakes in survey numbers, that shall be corrected. However, that shall be only after notice to the petitioner.

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In such circumstances, it is ordered that without recourse to the land acquisition proceedings, no property belonging to the petitioner should be acquired. Further, it is ordered that if the State is of the view that any part of the land held in possession of the petitioner is belonging to the State, that can be only decided by instituting necessary proceedings after issuing notice to the petitioner. In such an event the fourth respondent shall obtain necessary assistance from the seventh respondent to identify the land.

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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.1547/2020 3

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1678/2001 OF SRO, THIRUVALLA DATED 16.6.2001.

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EXHIBIT P1 (A) TRUE COPY OF THE SALE DEED NO.2833/1981 OF SRO, THIRUVALLA, DATED 14.9.1981. EXHIBIT P1(B) TRUE COPY OF THE SALE DEED NO.1332/19821 OF SRO, THIRUVALLA, DATED 24.5.1982. EXHIBIT P2 TRUE COPY OF THE REPRESENTED DATED 1.1.2020. EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.33656/2019 OF THIS HON'BLE COURT DATED 10.12.2019.

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RESPONDENTS EXHIBITS:NIL.

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//TRUE COPY//

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P.A.TO JUDGE

C.v.John v. State of Kerala

Case brief

What is this about?

What did the court decide?

C.v.John v. State of Kerala

Case brief

What is this about?

What did the court decide?

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