Allowed

Gopalan Gangadhran v. the Village Officer

Kerala HC4 Jul 2022WP(C)/21921/2012

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition by directing the Revenue Department and District Collector to recalculate rent arrears excluding retrospective market values and to consider the petitioner's land assignment application or adjust paid amounts accordingly within three months.

What did the court decide?

The respondents directed to recalculate rent arrears and consider the petitioner's land assignment application within three months with necessary adjustments.

Gopalan Gangadhran Vs the Village Officer — Landlord and Tenant | 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 MURALI PURUSHOTHAMAN

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MONDAY, THE 4^TH DAY OF JULY 2022 / 13TH ASHADHA, 1944

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WP(C) NO. 21921 OF 2012

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PETITIONER:

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GOPALAN GANGADHRAN AGED 70 YEARS S/O. GANGADHARAN, TC 39/2253, EAST FORT, THIRUVANANTHAPURAM.

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BY ADVS. SRI. SANTHAN V.NAIR SRI. V.V. MITHUN

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RESPONDENTS:

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1 THE VILLAGE OFFICER MANACAUD VILLAGE, THIRUVANANTHAPURAM - 695 009.

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2 THE TAHASILDAR THIRUVANANTHAPURAM - 695 001.

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3 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM - 695 001.

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4 THE COMMISSIONER AND SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

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5 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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SRI. C. N. PRABHAKARAN – SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.21921 OF 2012

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JUDGMENT

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When the writ petition came up for consideration today, it is submitted by the learned counsel for the petitioner that W.P (C) No.33703 of 2008 tagged along with this writ petition was disposed of by this Court by judgment dated 27.05.2016 and this writ petition can also be disposed of in the light of the directions in the said judgment.

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Heard the learned counsel for the petitioner and the learned Government Pleader. Accordingly, the writ petition is disposed of with the following directions:-

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i) The respondents are directed to recalculate the arrears of rent claimed for the period referred in the demand based on

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WP(C).No.21921 OF 2012

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the declaration of this Court in the judgment

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in W.P.(C) No.33703 of 2008 that the Government is not entitled to refix the market value retrospectively.

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ii) The petitioner's application for assignment shall be considered by the Revenue Department. If the petitioner is entitled to assignment of land, the amounts already paid shall be adjusted towards the value of the land paid by the petitioner.

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iii) If the Revenue Department turns down the request of the petitioner for assignment, the amount already paid shall be adjusted towards the rent payable and future rent payable.

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iv) Needful shall be done by the Government within a period of three months.

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v) The District Collector shall recalculate

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WP(C).No.21921 OF 2012

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the amount with respect to the demand already made based on the finding that the Government is not entitled to refix the market value retrospectively.

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Needful shall be done by the District Collector within a period of three months.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.21921 OF 2012

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	TRUE COPY OF THE SAID JUDGMENT DATED
	22.03.1993 IN O.P.NO.2907/1989 OF
	THIS HON'BLE COURT.
EXHIBIT P2	TRUE COPY OF THE JUDGMENT DATED
	10.02.1999 IN O.P.NO. 8423 OF 1994 OF THIS HON'BLE COURT.
EXHIBIT P3	TRUE COPIES OF THE ORDERS ENHANCING LAND VALUE DATED 18.09.1985.
EXHIBIT P4	TRUE COPY OF THE ORDER DATED 23.01.1989.
EXHIBIT P5	TRUE COPY OF THE ORDER DATED 01.02.1989.
EXHIBIT P6	TRUE COPY OF THE NOTICE DATED 11.01.2002 SENT BY THE 3RD RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE LETTER DATED 19.01.2002.
EXHIBIT P8	TRUE COPY OF THE ORDER DATED 25.03.2003 IN O.P.NO.10052/2003.
EXHIBIT P9	TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 09.07.2008.
EXHIBIT P10	TRUE COPY OF THE KUTHAKAPPATTAM
	RECEIPT NO.1972326 DATED 29.03.2008
	ISSUED BY THE MANACUAD VILLAGE OFFICER.
EXHIBIT P11	TRUE COPY OF THE KUTHAKAPPATTAM RECEIPT NO.0461330 DATED 10.11.2008 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P12	TRUE COPY PROCEEDINGS DATED 30.09.2008 OF THE 3RD RESPODENT.
EXHIBIT P13	TRUE COPY APPEAL DATED 11.11.2006 FILED BEFORE COMMISSIONER/SECRETARY, REVENUE DEPARTMENT.

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RESPODENTS EXHIBITS: NIL.

Gopalan Gangadhran v. the Village Officer

Case brief

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Gopalan Gangadhran v. the Village Officer

Case brief

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