Disposed

Sunil Kumar v. the District Collector

Kerala HC1 Jul 2022WP(C)/24884/2020

Case brief

AI extract

What is this about?

Petitioner challenged Ext.P7 order under the Kerala Land Utilisation Order. The Court held the petitioner can file an appeal within three weeks of receipt of the judgment, even without strict adherence to limitation. The appellate authority is directed to consider and dispose of the appeal within three months after providing a hearing.

What did the court decide?

Petitioner permitted to file appeal within three weeks; appellate authority directed to dispose of appeal within three months.

Sunil Kumar Vs the District Collector — 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 P.V.KUNHIKRISHNAN FRIDAY, THE 1^ST DAY OF JULY 2022 / 10TH ASHADHA, 1944

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W.P.(C) NO.24884 OF 2020

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PETITIONER:

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SUNIL KUMAR, AGED 49 YEARS, S/O.SHANMUGHAN, THANDYEKAL HOUSE, INJAMUDI P.O., THRISSUR DISTRICT-680 504.

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BY ADVS.V.A.VINOD SMT.M.S.SHAMLA

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.

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2 REVENUE DIVISIONAL OFFICER, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.

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3 REVENUE DIVISIONAL OFFICER, CIVIL STATION ANNEXE, IRINJALAKUDA, THRISSUR-680 125.

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4 THE TAHSILDAR, MUKUNDAPURAM TALUK OFFICE, MUKUNDAPURAM, THRISSUR-680 125.

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5 THE VILLAGE OFFICER, KARALAM VILLAGE OFFICE, KARALAM, THRISSUR DISTRICT-680 711.

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6 THE LOCAL LEVEL MONITORING COMMITTEE, KARALAM GRAMA PANCHAYATH,REPRESENTED BY ITS CONVENER (THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KARALAM, THRISSUR DISTRICT-680 711).

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7 KARALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KARALAM, THRISSUR-680 711.

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R1-R6 SMT. DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER

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ADVS.V.M. KRISHNAKUMAR

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R7 P.R. REENA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.24884 OF 2020

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P.V. KUNHIKRISHNAN, J.

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W.P. (C) No.24884 of 2020

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Dated this the 1^st day of July, 2022

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JUDGMENT

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The above writ petition is filed with the following prayers:-

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“a) Issue a writ of certiorari calling for the records leading to Ext.P7 and quash the original of the same.

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b) Issue a writ of mandamus or any appropriate writ order or direction, directing the 3^rd respondent to consider and pass orders on Ext.P4 application afresh, strictly in accordance with the provisions of Kerala Land Utilisation Order, 1967. c) grant such other reliefs prayed for from time to time including cost of these proceedings.”

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2. The main challenge is against Ext.P7 order passed by

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the Revenue Divisional Officer. Admittedly, Ext.P7 order is an appealable order as per Clause 11 of the Kerala Land Utilisation order. If that is the case, the petitioner is free to file an appeal against Ext.P7 order so that this Court can direct the appellate authority to consider the appeal within a time frame. Since the petitioner has already approached this Court, the

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W.P.(C) NO.24884 OF 2020

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appellate authority will consider the appeal, if the same is filed within the time prescribed by this Court, without insisting about the limiation period.

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Therefore, this writ petition is disposed of with the following directions:-

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i) The petitioner is free to file an appeal against Ext.P7 order within three weeks from the date of receipt of a copy of this judgment as per Clause 11 of the Kerala Land Utilisation Order.

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ii) Once such an appeal is received by the appellate authority, the appellate authority will consider and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of the appeal.

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Sd/-

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P.V.KUNHIKRISHNAN

JUDGE

bpr

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W.P.(C) NO.24884 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE 13.03.2017.	LAND TAX RECEIPT DATED
EXHIBIT P2	TRUE COPY OF THE PAYMENT OF BUILDI ISSUED BY THE 7TH	RECEIPT EVIDENCING NG TAX DATED 31.12.2019 RESPONDENT.
EXHIBIT P2 A	TRUE COPY OF THE PAYMENT OF BUILDI ISSUED BY THE 7TH	RECEIPT EVIDENCING NG TAX DATED 31.12.2019 RESPONDENT.
EXHIBIT P2 B	TRUE COPY OF THE PAYMENT OF BUILDI ISSUED BY THE 7TH	RECEIPT EVIDENCING NG TAX DATED 31.12.2019 RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE BANK.	RELEVANT PAGES OF DATA
EXHIBIT P4	TRUE COPY OF THE BEFORE THE 2ND RE 07.09.2017.	APPLICATION SUBMITTED SPONDENT DATED
EXHIBIT P5	TRUE COPY OF THE 31150/2017 DATED	JUDGMENT IN W.P.(C) NO. 28.09.2017.
EXHIBIT P6	TRUE COPY OF THE THE 6TH RESPONDEN	CERTIFICATE ISSUED BY T ATED 12.02.2018.
EXHIBIT P7	TRUE COPY OF THE RESPONDENT DATED	ORDER ISSUED BY THE 2ND 21.04.2018.

Sunil Kumar v. the District Collector

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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