Allowed

Shahanas v. the State of Kerala

Kerala HC18 Jan 2021WP(C)/1306/2021

Case brief

AI extract

What is this about?

Single judge of the Kerala High Court in W.P.(C).No.1306/2021 directed the Principal Secretary to Agriculture to consider and pass orders on the petitioner's revision petition within two months. The court granted a stay on coercive steps pending the revision outcome and directed the petitioner not to alter the land's nature.

What did the court decide?

Direction to the 1st respondent to pass orders on Ext.P6 within two months; stay on coercive steps under Ext.P5; direction to petitioner not to alter land nature.

Shahanas Vs the State of Kerala — Writ and Judicial Review | 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 A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 18TH DAY OF JANUARY 2021/28TH POUSHA, 1942

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W.P(C).No.1306 OF 2021(K)

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PETITIONER:

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SHAHANAS

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AGED 34 YEARS W/O HAREESH,KOCHUVEETTIL HOUSE, PATTURAKKAL, THRISSUR DISTRICT-680 002.

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BY ADV. SRI.BINOY VASUDEVAN

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, AYYANTHOLE P.O. THRISSUR-680 003.

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3 THE VILLAGE OFFICER, POONKUNNAM VILLAGE, POONKUNNAM, THRISSUR-680 002.

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BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.1306/2021

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:: 2 ::

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J U D G M E N T

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The petitioner has approached this Court aggrieved by the inaction on the part of the 1^st respondent in considering and passing orders on Ext.P6 revision petition that he had filed, challenging Ext.P5 order passed under Section 13 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The limited prayer of the petitioner in this writ petition is for a direction to the 1^st respondent to consider and pass orders on Ext.P6 revision petition expeditiously, after hearing him.

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I have heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition with a direction to the 1^st respondent to consider and pass orders on Ext.P6 revision petition, within a period of two months from the date of receipt of a copy of this judgment, after

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W.P.(C).No.1306/2021

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:: 3 ::

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hearing the petitioner. It is made clear that till such time as orders are passed by the 1^st respondent as directed and the order communicated to the petitioner, coercive steps pursuant to Ext.P5 order shall not be taken by the respondents. It is further made clear that the petitioner shall not alter the nature of the land in question during the period when the stay granted by this Court is in operation.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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prp/18/1/2021

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W.P.(C).No.1306/2021

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:: 4 ::

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO 2176/2013 OF S.R.O.AYYANTHOLE

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EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT ON 10.3.2017.

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EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 21.6.2018.

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EXHIBIT P4 TRUE COPY OF THE STATEMENT PREFERRED BY THE PETITIONER THROUGH HER COUNSEL.

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EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 26.10.2020.

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EXHIBIT P6

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TRUE COPY OF THE MEMORANDUM OF REVISION PETITION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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RESPONDENTS EXHIBITS: NIL.

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//TRUE COPY//

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P.S. TO JUDGE

Shahanas v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Shahanas v. the State of Kerala

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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