Disposed

Samson Varghese v. State of Kerala

Kerala HC5 Jan 2021WP(C)/29188/2020

Case brief

AI extract

What is this about?

The High Court of Kerala set aside a stop memo issued by the 7th respondent which accused the petitioners of misleading the Court and disputed the survey number of their property. The Court ordered a mini survey to be conducted within two months pending before other judgments.

What did the court decide?

Stop memo set aside; direction to carry out mini survey within two months pending pending judgments.

Samson Varghese Vs State of Kerala — Environment and Pollution | Kerala HC (2021)

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W.P(C).No.29188/2020-W

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

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WP(C).No.29188 OF 2020(W)

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PETITIONERS:

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1 SAMSON VARGHESE, AGED 45 YEARS, S/O.VARGHESE, AINIKKAL HOUSE, MARATHAKKARA P.O., THRISSUR DISTRICT, PIN - 680 320.

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2 ELIZABETH THOMAS, AGED 54 YEARS, W/O.THOMAS, PULIKKUNNEL HOUSE, KANNAMBRA P.O., PALAKKAD DISTRICT, PIN - 678 686.

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BY ADVS. SRI.T.KRISHNANUNNI (SR.) SRI.VINOD RAVINDRANATH SMT.MEENA.A. SRI.K.C.KIRAN SMT.M.R.MINI SRI.M.DEVESH SRI.ASHWIN SATHYANATH SHRI.ANISH ANTONY ANATHAZHATH SHRI.THAREEQ ANVER

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, MINISTRY OF FOREST AND WILD LIFE, THIRUVANANTHAPURAM, PIN - 695 001.

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2 THE PRINCIPAL SECRETARY, MINISTRY OF FOREST AND WILD LIFE, THIRUVANANTHAPURAM, PIN - 695 001.

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3 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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4 THE DIVISIONAL FOREST OFFICER, THRISSUR, PIN - 680 001.

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5 THE DISTRICT COLLECTOR, THRISSUR, PIN - 680 001.

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W.P(C).No.29188/2020-W

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6 THE VILLAGE OFFICER, MADAKKATHARA VILLAGE, THRISSUR - 680 651.

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7 RANGE FOREST OFFICER, PATTIKAD FOREST RENGE, THRISSUR, PIN-680 652.

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SPL. GP (FOREST) SRI.NAGARAJ NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.29188/2020-W

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P.V.ASHA, J.

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--------------------------

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W.P(C).No.29188 of 2020-W

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Dated this the 5^th day of January, 2021

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JUDGMENT

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The petitioners have again approached this Court complaining that immediately after the judgment Ext.P3 dated 01.12.2020 by which they were allowed to cut/replant the rubber trees, the 7^th respondent has issued Ext.P4 stop memo stating that the survey number of the property is different and also accusing the petitioners that they have misled this Court. The petitioners point out that Ext.P5 as well as Exts.P6 to P8 would show that the old survey number 272 has been renumbered as 1146 and 1147 and the respondents have been receiving lease/rent towards the said property in those survey numbers and there cannot be any dispute with respect to the identification of the property which is in possession of the petitioners.

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In the said circumstances, I find that there is no basis for Ext.P4 stop memo and the same shall stand set aside. There shall be a direction to the competent authority to carry out a mini survey which would be subject to the judgments in L.A.A.No.595/1992 and W.A.Nos.365/2012 and 401/2012 pending before this Court, as expeditiously as possible, at any rate within a period of two months.

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The Writ Petition is disposed of as above.

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Sd/- (P.V.ASHA, JUDGE)

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rtr/

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W.P(C).No.29188/2020-W

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 16.12.1967 EXECUT	ASSIGNMENT DEED DATED ED LUCY KOCHUVAREED.
EXHIBIT P2	TRUE COPY OF THE 14.11.2011 IN W.P 12020/2010 OF THE KERALA.	COMMON JUDGMENT DATED .(C)NOS.23050/2011 AND HON'BLE HIGH COURT OF
EXHIBIT P3	TRUE COPY OF OF T 01.12.2020 IN W.P THE HON'BLE HIGH	HE JUDGMENT DATED (C)21572/2020 PASSED BY COURT OF KERALA.
EXHIBIT P4	TRUE COPY OF THE 22.12.2020 ISSUED	COMMUNICATION DATED BY THE 7TH RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE SUBMITTED BY THE DISTRICT COLLECTO	REPORT DATED 10.12.2008 TAHSILDAR, THRISSUR TO R, THRISSUR.
EXHIBIT P6	TRUE COPY OF THE 04.12.2006 FORWAR MADAKKATHARA TO T	COMMUNICATION DATED DED BY VILLAGE OFFICER, ALUK OFFICE, THRISSUR.
EXHIBIT P7	TRUE COPY OF THE THE OCCUPANTS DAT	CHALAN RECEIPT RECEIVED BY ED 12.08.2013.
EXHIBIT P8	TRUE COPY OF THE THE OCCUPANT DATE	CHALAN RECEIPT RECEIVED BY D 13.05.2015.
EXHIBIT P9	TRUE COPY OF THE FILED BY THE 1ST	REPLY DATED 24.12.2020 PETITIONER.

Samson Varghese v. State of Kerala

Case brief

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Samson Varghese v. State of Kerala

Case brief

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