Allowed

B.S.Satheesh Kumar v. State of Kerala

Kerala HC4 Feb 2021RP/84/2021

Case brief

AI extract

What is this about?

The High Court allowed a review petition wherein it recalled a prior judgment because the original judgment omitted to consider the petitioner's main contention regarding liability for fees under the Kerala Conservation of Paddy Land and Wetland Rules.

What did the court decide?

The judgment dated 15.10.2020 in W.P.(C) No.21832 of 2020 is recalled, and the matter is remanded for decision in accordance with law.

B.S.Satheesh Kumar Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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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 P.B.SURESH KUMAR

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THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

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RP.No.84 OF 2021 IN WP(C). 21832/2020

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AGAINST THE ORDER/JUDGMENT IN WP(C) 21832/2020(D) OF HIGH COURT OF KERALA

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REVIEW PETITIONER/PETITIONER:

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B.S.SATHEESH KUMAR, AGED 58 YEARS S/O. SREEDHARAN NAIR, T.C.9/2535(5), HOUSE NO.J-36, JANVILLA LANE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM-695 010.

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BY ADVS.

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SRI.V.PHILIP MATHEW SHRI.BALU JAYAN

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE (NCI), KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001.

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2 THE DISTRICT COLLECTOR COLLECTORATE, COLLECTORATE, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-695 043.

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3 THE REVENUE DIVISIONAL OFFICER NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT-695 541.

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4 THE VILLAGE OFFICER VILLAGE OFFICE, KOLIYAKKODE, THIRUVANANTHAPURAM DISTRICT-695 544.

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5 THE TAHSILDAR TALUK OFFICE, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT-695 541.

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6 THE AGRICULTURAL OFFICER KRISHI BHAVAN, MANICKAL, PIRAPPANCODE P.O., THIRUVANANTHAPURAM-695 607.

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R.P. No.84 of 2021 in W.P.(C) No.21832 of 2020

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..2..

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7 MANICKAL GRAMA PANCHAYAT PIRAPPANCODE, THIRUVANANTHAPURAM-695 607. REPRESENTED BY ITS SECRETARY.

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8 KERALA STATE REMOTE SENSING AND ENVIRONEMNT CENTRE C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.

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OTHER PRESENT:

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GP G.RENJITA

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.P. No.84 of 2021 in W.P.(C) No.21832 of 2020

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..3..

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Review Petition No.84 of 2021

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W.P.(C) No.21832 of 2020

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ORDER

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The petitioner in the writ petition seeks review of the judgment. The parties and documents are referred to in this order, as they appear in the writ petition.

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On an application preferred by the petitioner in Form No.6 of the Kerala Conservation of Paddy Land and Wetland Rules for permission to use the land referred to therein for other purposes, the petitioner was called upon to pay a sum of Rs.1,59,811/- by way of fees. Ext.P14 was the communication issued by the competent authority in this regard. Ext.P14 was under challenge in the writ petition. The main contention urged in the writ petition was that the petitioner is not liable to pay any fees at all. Alternatively, it was also contended by the petitioner that the fees which the petitioner was called upon to pay is not one computed based on the fair value of the property of the petitioner and that the fees was computed based on the fair value of another property.

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R.P. No.84 of 2021 in W.P.(C) No.21832 of 2020

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It is seen that this Court disposed of the writ petition

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without taking note of the main contention of the petitioner.

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Insofar as this Court has omitted to consider the main

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contention raised by the petitioner, I am of the view that the judgment is liable to be recalled.

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In the result, the review petition is allowed and the judgment dated 15.10.2020 in W.P.(C) No.21832 of 2020 is recalled.

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Sd/-

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P.B.SURESH KUMAR JUDGE

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ds 04.02.2021

B.S.Satheesh Kumar v. State of Kerala

Case brief

What is this about?

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B.S.Satheesh Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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