Dismissed

C.R.Najeeb v. the State of Kerala

Kerala HC10 Jan 2020WP(C)/2938/2011

Case brief

AI extract

What is this about?

The Court dismissed the writ petition filed by the petitioners seeking enforcement of reports to recover Government land held by Harrisons Malayalam Ltd. The Court held that the matter does not survive in law following a previous Division Bench decision which restrained coercive action and allowed the Government to file a civil suit for adjudication.

What did the court decide?

The writ petition is dismissed, leaving open the liberty of the parties to raise contentions if a civil suit is filed by the Government.

C.R.Najeeb Vs the 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 THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 10TH DAY OF JANUARY 2020 / 20TH POUSHA, 1941

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WP(C).No.2938 OF 2011(S)

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PETITIONERS:

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1 C.R.NAJEEB, S/O.C.R.MOHAMMED, AGED 47, STATE SECRETARY, INDIAN NATIONAL TRADE UNION CONGRESS (I), KIZHAKE VEEDU, NADUKUNNU, PATHANAPURAM P.O., KOLLAM.

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2 MANOJ KAIPATTOOR, S/O.JANARDANAN, AGED 34, KANJIRAPPILLIL HOUSE, KAIPATTOOR P.O., PATHANAMTHITTA.

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.ANEESH JAMES SRI.P.MARTIN JOSE SRI.P.PRIJITH

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE (A) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN-695 001.

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2 HARRISONS MALAYALAM LTD., REGISTERED OFFICE AT 24/1624, BRISTOW ROAD, WILLINGTON ISLAND, COCHIN - 3.

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3 THE TALUK LAND BOARD, VYTHIRI, WAYANAD – 673 576.

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BY SR.G.P.SRI.SURIN GEORGE IPE R2 BY ADV. E.K.NANDAKUMAR (SR.) R2 BY ADV. K.JOHN MATHAI R2 BY ADV. P.BENNY THOMAS R2 BY ADV. P.GOPINATH MENON

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2938 of 2011

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JUDGMENT

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Dated this the 10^th day of January 2020

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Shaji P.Chaly, J.

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This writ petition is filed by the petitioners seeking the following reliefs:

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“(i) Issue a writ of mandamus or other writ order or direction compelling the 1^st respondent to resume the Government land in possession of 2^nd respondent in pursuance of Exts.P1 and P2 within a time to be fixed by this Hon'ble Court;

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(ii) Issue a writ of mandamus or any other appropriate writ, order or direction compelling the 3^rd respondent to complete the ceiling case of 2^nd respondent within a time limit to be fixed by this Hon'ble Court;

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(iii) Issue a writ of prohibition, such other writ order or direction prohibiting 2^nd respondent from creating a charge or equitably mortgaging or alienating or encumbering its properties in Kerala.”

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The subject issue relates to the land held in possession by the Harrisons Malayalam Limited, the 2^nd respondent herein. According to the petitioners, the 2^nd respondent is holding the land illegally. However, the subject matter relating to the holding of the land by Harrisons Malayalam Limited was considered by a Division Bench of this court in Harrisons Malayalam Limited v. State of Kerala (2018

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(2) KLT 369) and ultimately held that the coercive action initiated against the company is not in accordance with law. However, the Government is given the liberty to file suit and get the issues adjudicated.

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WP(C).No.2938 of 2011

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In that view of the matter, we do not think that the issue raised in this writ petition survives in law. Accordingly, the writ petition is dismissed. However, leaving open the liberty of the parties to raise all contentions if and when a civil suit is filed by the Government.

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Sd/-

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S.Manikumar, Chief Justice

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Sd/-

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Shaji P.Chaly Judge

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vpv

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WP(C).No.2938 of 2011

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P1: TRUE COPY OF REPORT DATED 27.9.2007 SUBMITTED BY THE HIGH LEVEL COMMITTEE BEFORE THE 1ST RESPONDENT.

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EXT.P2: TRUE COPY OF REPORT DATED 27.6.2008 SUBMITTED BY JUSTICE L.MANOHARAN BEFORE THE 1ST RESPONDENT.

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EXT.P3: TRUE COPY OF PROCEEDINGS DATED 22.2.2006 OF DISTRICT COLLECTOR, KOLLAM.

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EXT.P4: TRUE COPY OF ORDER DATED 21.4.2006 OF THE COMMISSIONER OF LAND REVENUE.

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EXT.P5: TRUE COY OF ORDER DATED 22.11.2006 ISSUED BY THE 1ST RESPONDENT.

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EXT.P6: TRUE COPY OF ANNUAL REPORT 2009-10 DATED 30.8.2010 OF 2ND RESPONDENT.

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EXT.P7: TRUE COPY OF REPRESENTATION DATED 30.9.10 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

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EXT.P8: TRUE COPY OF REPRESENTATION DATED 28.11.09 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

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RESPONDENTS' EXHIBITS:

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EXT.R2(a):TRUE COPY OF THE JUDGMENT DATED 25/11/1993 IN C.R.P.NO.3661 OF 1982.

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EXT.R2(b):TRUE COPY OF THE RELEVANT REPORT OF MANGALAM NEWSPAPER DATED 25.11.05.

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EXT.R2(c):TRUE COPY OF THE RELEVANT REPORT OF MANGALAM NEWSPAPER DATED 27.11.05.

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EXT.R2(d):TRUE COPY OF THE JUDGMENT DATED 10.7.2008 IN WPC NO.18365/2008 OF THE HON'BLE HIGH COURT OF KERALA.

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WP(C).No.2938 of 2011

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EXT.R2(e):TRUE COPY OF THE APPLICATION DATED 29/5/08 FILED BEFORE THE 1ST RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.

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EXT.R2(f):TRUE COPY OF THE ORDER DATED 13.6.2008 OF THE PUBLIC INFORMATION OFFICER ISSUED TO THE 2ND RESPONDENT.

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EXT.R2(g):TRUE COPY OF THE ORDER DATED 20.11.2008 OF THE HON'BLE PUBLIC INFORMATION COMMISSION ISSUED TO THE 2ND RESPONDENT.

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EXT.R2(h):TRUE COPY OF THE DRAFT STATEMENT OF TALUK LAND BOARD DATED 6.10.1977.

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/TRUE COPY/

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P.A. TO JUDGE

C.R.Najeeb v. the State of Kerala

Case brief

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C.R.Najeeb v. the State of Kerala

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