Allowed

St.Johns Church v. the Special Tahsildar(Lr)

Kerala HC3 Nov 2020WP(C)/28481/2019

Case brief

AI extract

What is this about?

The petitioner challenged an order dismissing its Section 7E application under the Kerala Land Reforms Act via a writ of certiorari. The Court set aside the default order and directed the Land Tribunal to consider the application on merits after affording a hearing opportunity by 19.11.2020.

What did the court decide?

Writ of certiorari allowed; Ext.P2 order set aside; Tribunal directed to consider application No.7E-229/2015 on merits and take a decision by 19.11.2020.

St.Johns Church Vs the Special Tahsildar(Lr) — 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 ANIL K.NARENDRAN

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TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942

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WP(C).No.28481 OF 2019(I)

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PETITIONER:

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ST.JOHNS CHURCH, KUTTOOR P.O., PAYYANNOR, KANNUR DISTRICT, REPRESENTED BY ITS VICAR-FR. SANTHOSH WILLIAM, AGED 46 YEARS, S/O.WILLIAM, VICAR, ST.JOHNS CHURCH, KUTTOOR P.O., PAYYANNUR, KANNUR DISTRICT-670 306.

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BY ADVS. SRI.M.PROMODH KUMAR SMT.MAYA CHANDRAN

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RESPONDENTS:

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1 THE SPECIAL TAHSILDAR(LR), LAND TRIBUNAL, PAYYANNUR, KANNUR DISTRICT-670 307.

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2 THE VILLAGE OFFICER, KUTTOOR VILLAGE, TALIPARAMBA, KANNUR DISTRICT-670 306.

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3 THE DISTRICT COLLECTOR, CIVIL STATION P.O., KANNUR-673 002.

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R1-R3 SMT.K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.28481 OF 2019(I)

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JUDGMENT

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The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P2 order dated 13.12.2017 of the 1^st respondent Special Tahsildar (LR), whereby the application made by the petitioner under Section 7E of the Kerala Land Reforms Act stands dismissed for default.

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On 25.10.2020, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for the respondents.

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Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents.

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By Ext.P2 order, which is under challenge in this writ petition, the application filed by the petitioner under Section 7E of the Act, i.e., application No.7E-229/2015 stands dismissed for default.

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During the course of arguments, the learned Senior Government Pleader would submit that despite notice, there was no representation for the petitioner on four posting dates. Per contra, the learned counsel for the petitioner would submit that the petitioner never received any notice from the Land Tribunal, on that application.

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W.P.(C) No.28481 OF 2019(I)

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By Ext.P2 order, the application made by the petitioner under Section 7E of the Act stands dismissed for default. Considering the facts and circumstances of the case, as borne out from the pleadings and materials on record, and also the submissions made by the learned counsel on both sides, this Court deem it appropriate to set aside Ext.P2 order dated 13.12.2017 of the Land Tribunal, Payyannur and to direct the Tribunal to consider application No.7E-229/2015 filed by the petitioner on merits.

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In the result, this writ petition is disposed of by setting aside Ext.P2 order dated 13.12.2017 of the Land Tribunal, Payyannur and by directing the Tribunal to consider application No.7E-229/2015 filed by the petitioner on merits and take an appropriate decision in accordance with law after affording the petitioner an opportunity of being heard. The petitioner or his authorised representative shall appear before the Land Tribunal, Payyannur on 19.11.2020 . The Tribunal shall take an appropriate decision on that application, strictly in accordance with law, as expeditiously as possible.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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bpr

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W.P.(C) No.28481 OF 2019(I)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.1113/1977 OF S.R.O. MADHAMANGALAM DATED 04.11.1977.

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EXHIBIT P2 TRUE COPY OF THE ORDER DATED 13.12.2017 OF THE 1ST RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

St.Johns Church v. the Special Tahsildar(Lr)

Case brief

What is this about?

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St.Johns Church v. the Special Tahsildar(Lr)

Case brief

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