Dismissed

Dr. K. Renuka v. Tahsildar (L.R.)

Kerala HC17 Nov 2020WP(C)/23118/2020

Case brief

AI extract

What is this about?

The Court disposed of the writ petition challenging proceedings under the Kerala Land Conservancy Act, 1957. It directed the 3rd respondent to dispose of the pending appeal on merits and keep coercive proceedings in abeyance.

What did the court decide?

Petitioner permitted to pursue appeal; appeals disposed of by 3rd respondent within two months with hearing; coercive proceedings kept in abeyance.

Dr. K. Renuka Vs Tahsildar (L.R.) — 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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942

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WP(C).No.23118 OF 2020(L)

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PETITIONER/S:

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DR. K. RENUKA, AGED 60 YEARS, D/O. PADMINIKUYTTY AMMA, RASMI , T.C.73/1510, ATTUKAL ROAD, MANACAUD P.O., THIRUVANANTHAPURAM-695 009.

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BY ADVS. SRI.R.T.PRADEEP SMT.M.BINDUDAS SRI.K.C.HARISH

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RESPONDENT/S:

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1 TAHSILDAR (L.R.), TALUK OFFICE, THIRUVANANTHAPURAM, NEAR EXCISE OFFICE, FORT, EAST FORT, PAZHAVANGADI P.O., THIRUVANANTHAPURAM-695 023.

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2 VILLAGE OFFICER, VILLAGE OFFICE, MANACAUD, MANACAUD P.O., THIRUVANANTHAPURAM-695 009.

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*** ADDITIONAL R3 IMPLEADED:**

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ADDL.R3 REVENUE DIVISIONAL OFFICER, OFFICE OF REVENUE DIVISIONAL OFFICER, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-695 043.

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*** ADDITIONAL 3RD RESPONDENT IS IMPLEADED AS PER ORDER DATED 17.11.2020 IN I.A.NO.2 OF 2020**

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SRI BIMAL K NATH SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.23118 OF 2020

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JUDGMENT

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The instant writ petition is filed challenging the proceedings initiated against the petitioner and others invoking the provisions of the Kerala Land Conservancy Act, 1957 and the rules framed thereunder. When this matter had come up for admission on 02.11.2020, this Court, taking note of the fact that the petitioner herein had a statutory remedy under Section 16 of the Act, directed the petitioner to move the statutory forum and further proceedings were interdicted to enable the petitioner to move the authority.

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Today, when the matter was taken up, it is submitted by Sri.R.T.Pradeep, the learned counsel that the petitioner has preferred Ext.P12 appeal before the 3rd respondent and the same is pending. He prays that the petitioner be permitted to pursue the appeal before the 3rd respondent.

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In that view of the matter, this writ petition is disposed of directing the 3rd respondent, to take up Exhibit-P12 and dispose it of on its merits, after affording the petitioner as well as the affected parties an opportunity of being heard. Orders shall be passed in consonance with law, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this

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WP(C).No.23118 OF 2020

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judgment. Until orders are passed in Ext.P12, coercive proceedings, if any, against the petitioner on the strength of Exts.P7, P10 and P11 shall be kept in

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abeyance.

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SD/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C).No.23118 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE COPY OF THE SETTLEMENT DEED NO.500/1988 DATED 16.2.1988 OF CHALAI S.R.O. EXHIBIT P2 THE COPY OF THE TAX RECEIPT DATED 22.7.2017 WITH RESPECT TO 3.75 ARES OF PROPERTY COMPRISED IN RE-SURVEY NO.11/34 EXHIBIT P3 THE COPY OF THE TAX RECEIPT DATED 16.3.2019 WITH RESPECT TO 3.75 ARES OF PROPERTY COMPRISED IN RE-SURVEY NO.11/34 EXHIBIT P4 THE COPY OF THE RECEIPT DATED 26.5.2017 AS REGARD REMITTANCE OF PROPERTY TAX, CESS AND SURCHARGE FOR THE BUILDING TO CORPORATION OF THIRUVANANTHAPURAM EXHIBIT P5 THE COPY OF THE RECEIPT DATED 11.3.2019 AS REGARD REMITTANCE OF PROPERTY TAX, CESS AND SURCHARGE FOR THE BUILDING TO CORPORATION OF THIRUVANANTHAPURAM EXHIBIT P6 THE COPY OF THE ROUGH SKETCH OF PROPERTY OF PETITIONER WITH THAT OF KADAIPATTANAM LANE EXHIBIT P7 THE COPY OF THE NOTICE DATED 15.7.2019 UNDER SECTION 12 OF KERALA LAND CONSERVANCY ACT, 1957 EXHIBIT P8 THE COPY OF THE OBJECTION DATED 23.7.2019 FILED BY PETITIONER EXHIBIT P9 THE COPY OF THE ADDITIONAL OBJECTION WHICH IS NIL DATED FILED BY PETITIONER EXHIBIT P10 THE COPY OF THE ORDER DATED 27.8.2020 UNDER KLC BY 1ST RESPONDENT

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WP(C).No.23118 OF 2020

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EXHIBIT P11 THE COPY OF THE NOTICE DATED 27.8.2020 IN FORM, C UNDER RULE 11 TO VACATE THE LAND

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EXHIBIT P12 TRUE COPY OF THE APPEAL DATED 5.11.2020 BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM UNDER SECTION 16 OF KERALA LAND CONSERVANCY ACT, 1957.

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RESPONDENT'S/S EXHIBITS:

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//TRUE COPY// P.A.TO JUDGE

Dr. K. Renuka v. Tahsildar (L.R.)

Case brief

What is this about?

What did the court decide?

Dr. K. Renuka v. Tahsildar (L.R.)

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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