Disposed

Green Worth Rocks and Sands Pvt. Ltd., v. State of Kerala

Kerala HC10 Mar 2022WP(C)/2265/2020

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What is this about?

The High Court of Kerala directed the Taluk Land Board, Kattakada, to consider the petitioners' application (Ext.P7) for exemption under Section 81(3) of the Kerala Land Reforms Act, 1963, and dispose of it within four months after a hearing.

What did the court decide?

Direction to the Taluk Land Board to take up Ext.P7 application, afford an opportunity of being heard, dispose of it, and pass an appropriate order within four months from the date of receipt of a cop

Green Worth Rocks and Sands Pvt. Ltd., 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 10TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943

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WP(C) NO. 2265 OF 2020

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PETITIONERS:

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1 GREEN WORTH ROCKS AND SANDS PVT. LTD., HAVING ITS REGISTERED OFFICE AT BUILDING NO. 42/3075, SOUMYA NAGAR, ALINCHUVADU, KOCHI-682024, REPRESENTED BY ITS DIRECTOR JOSEPH JOSE, PARAMBATHUSSERY HOUSE, MARY MATHA ROAD, VAZHAKKALA, THRIKKAKARA P O, KOCHI682021.

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2 JOSEPH JOSE S/O P.J.JOSEPH

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AGED 58 YEARS
DIRECTOR, GREEN WORTH ROCKS AND SANDS PVT LTD,
PARAMBATHUSSERY HOUSE, MARY MATHA ROAD, VAZHAKKALA,
THRIKKAKARA P O, KOCHI-682021.

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3JOSEPH PETER
AGED 50 YEARS
S/O. P J JOSEPH, DIRECTOR, GREEN WORTH ROCKS AND
SANDS PVT LTD, PARAMBATHUSSERY HOUSE, MARY MATHA
ROAD, VAZHAKKALA, THRIKKAKARA P O, KOCHI-682021.
BY ADV ROSHEN.D.ALEXANDER

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.

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W.P.(C) No. 2265 of 2020

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TALUK LAND BOARD, KATTAKADA, COLLECTORATE, CIVIL STATION,

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2 KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695043, REPRESENTED BY ITS CHAIRMAN.

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3CHAIRMAN
TALUK LAND BOARD, KATTAKADA,
COLLECTORATE, CIVIL STATION, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM-695043.

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4 TAHSILDAR TALUK OFFICE, KATTAKADA, THIRUVANANTHAPRUAM695572.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 2265 of 2020

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JUDGMENT

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Dated this the 10th day of March, 2022 .

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Even though there are various assertions,

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averments and contentions raised and urged in this writ petition, when this matter was called, the learned counsel for the petitioners – Sri.Roshen D.Alexander, confined his plea that the 2^nd respondent – Taluk Land Board be directed to consider Ext.P7 application preferred by his client, within a time frame to be fixed by this Court, adverting to the judgment of this Court in

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K.A.Joseph Vs Taluk Land Board (1976 KLT 424) .

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Sri.K.M.Faizal – learned Government Pleader, in response submitted that if the petitioners only require Ext.P7 to be considered by the Taluk Land Board on its

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W.P.(C) No. 2265 of 2020

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merits, he will not stand in the way of appropriate orders being issued; but prayed that this Court may not make any affirmative declarations on the entitlement of the petitioners to any relief and leave it to be decided by the competent Authority, in terms of law.

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Taking note of the afore submissions, I order this writ petition to the limited extent of directing the Taluk Land Board to take up Ext.P7 application of the petitioners and dispose it of, after following due procedure and after affording them an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, within a period of four months from the date of receipt of a copy of this judgment.

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Needless to say, this Court has not entered into the merits of any of the contentions of the rival parties and

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W.P.(C) No. 2265 of 2020

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all of them are left open to be pursued by them appropriately, if so required in future.

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Sd/DEVAN RAMACHANDRAN JUDGE

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Raj/10.03.2022.

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W.P.(C) No. 2265 of 2020

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APPENDIX OF WP(C) 2265/2020

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PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE NOTICE ISSUED UNDER RULE
12(1) OF THE KERALA LAND REFORMS (CEILING)
RULES, 1970 DATED 25.10.2018.
EXHIBIT P2TRUE COPY OF MINUTES OF THE HIGH LEVEL
MEETING HELD ON 03.07.2018 UNDER THE AEGIS OF
THE HON'BLE CHIEF MINISTER.
EXHIBIT P3TRUE COPY OF THE APPLICATION DATED 05.11.2019
SUBMITTED BY THE PETITIONERS BEFORE THE 1ST
RESPONDENT SEEKING EXEMPTION UNDER SECTION
81(3) OF THE KERALA LAND REFORMS ACT, 1963.
EXHIBIT P4TRUE COPY OF AGREEMENT DATED 15.11.2019
ENTERED INTO BETWEEN THE 1ST PETITIONER AND
M/S. AVPPL.
EXHIBIT P5TRUE COPY OF LETTER BEARING NO
AVPPL/MISC/2018-19/950 DATED 15.11.2019.
EXHIBIT P6TRUE COPY OF THE NOTICE DATED 17.12.2019
ISSUED BY THE 2ND RESPONDENT IN FORM NO.9
UNDER RULE 17 OF THE KERALA LAND REFORM
(CEILING) RULES, 1970.
EXHIBIT P7TRUE COPY OF THE APPLICATION WE HAVE FILED
BEFORE THE TALUK LAND BOARD, KATTAKADA IN
CEILING CASE NO.H3-59203/13/TLB DATED
09.02.2022.

Green Worth Rocks and Sands Pvt. Ltd., v. State of Kerala

Case brief

What is this about?

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Green Worth Rocks and Sands Pvt. Ltd., v. State of Kerala

Case brief

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