Dismissed

Salim K.M., v. State of Kerala

Kerala HC24 Mar 2022WP(C)/2122/2022

Case brief

AI extract

What is this about?

The petitioner sought a writ mandamus directing the competent authority to assign land based on an application, despite the pendency of a criminal case C.C.No. 10/2018 against him in which a Crl.M.C. had been filed. The Court refused the assignment request at this stage to avoid prejudicing the criminal proceedings.

What did the court decide?

The Court closed the writ petition without entering into merits and did not grant land assignment at this stage.

Salim K.M., Vs State of Kerala — Land Acquisition | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 24^TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944

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WP(C) NO. 2122 OF 2022

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PETITIONER:

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SALIM K.M., AGED 58 YEARS S/O.MOIDEEN.K.K, KODASERIL HOUSE, THRIKKAKARA, NOW RESIDING AT DOOR NO.11/195 B, HMT COLONY P.O., PALLILIAMKARAYIL, KALAMASSERY, ERNAKULAM DISTRICT, PIN683 503. BY ADVS. P.K.SOYUZ E.V.BABYCHAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, AG'S OFFICE P.O., THIRUVANANTHAPURAM-695 001.

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2 THE SPECIAL THAHASILDAR L.A. (LAND ASSIGNMENT), PEERUMEDU TALUK, TALUK OFFICE, PEERUMED P.O., IDUKKI DISTRICT, PIN-685 531.

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3 THE TALUK SURVAYOR, PEERUMED TALUK (IN CHARGE OF VAGAMON VILLAGE), PEERUMED P.O., IDUKKI DISTRICT, PIN-685 531.

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4 THE VILLAGE OFFICER, VAGAMON VILLAGE, VAGAMON P.O., PEERUMED TALUK, IDUKKI DISTRICT, PIN-685 503.

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OTHER PRESENT:

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SMT.MABLE.C.KURIAN.SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2122 OF 2022

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JUDGMENT

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The petitioner seeks that the competent Authority

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be directed to assign him land, based on his application namely Ext.P1, ignoring the pendency of C.C.No. 10/2018.

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I am afraid that I cannot accede to the afore request of Sri.P.K.Soyuz – learned counsel for the petitioner, at this stage because, if I am to order assignment based on Ext.P1, then necessarily the allegations and action against the petitioner in C.C.No.10/2018 will be severely prejudiced.

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That apart, Sri.P.K.Soyuz also admits that a Crl.M.C. has already been filed by his client before this Court against C.C.No.10/2018. Indubitably, therefore, until such time as either the C.C. is quashed, or disposed of in terms of law, it would not be possible for this Court

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WP(C) NO. 2122 OF 2022

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to accede to the request of the petitioner.

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Resultantly, I close this writ petition, without entering into the merits of any of the contentions of the petitioner and leaving them all open to be pursued appropriately, once either of the afore events happen.

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Needless to say, I leave liberty to the petitioner to approach this Court again at the relevant time.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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ANB

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WP(C) NO. 2122 OF 2022

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APPENDIX OF WP(C) 2122/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE APPLICATION FOR LAND ASSIGNMENT DATED 28.05.2015. Exhibit P2 TRUE COPY OF THE REPORT AND SKETCH DATED 24.11.26 OF THE 3RD RESPONDENT TALUK SURVEYOR. Exhibit P3 TRUE COPY OF THE ASSIGNMENT MAHASAR PREPARED BY THE 4TH RESPONDENT VILLAGE OFFICER, DATED 06.06.17. Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TAHSILDAR (LA) DATED 16.06.2017. Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 16.08.2017. Exhibit P6 TRUE COPY OF THE FINAL REPORT IN CC NO.10 OF 2018 OF THE CHIEF JUDICIAL MAGISTRATE, THODUPUZHA.

Salim K.M., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Salim K.M., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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