Single judge held petitioners identically situated to beneficiaries of Ext.P3 judgment and ordered equal relief, declaring Ext.P2 declaration ceased to be in effect, enabling them to deal with properties as permitted by law.
Ordered Writ Petition in terms of Ext.P3 judgment; declared Ext.P2 declaration ceased to be in effect.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 9TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943
WP(C) NO. 2801 OF 2022
PETITIONERS:
4 SUDHA VENUGOPAL, AGED 51 YEARS, ILLATHUMUGAL HOUSE, D/O.KRISHNANKUTTY, MEGHADOOT APARTMENTS, FLAT G-1, BHATIA, JAMSHEDPUR, PIN-831005.
5 ELIZABETH JOHN, AGED 52 YEARS, D/O. KOSHY JOHN, GOMADATH (SAGARAM), CHUTTUPADUKARA, EDAPPALLY NORTH, PIN-682024.
10 KAREEM, AGED 45 YEARS, S/O. KUNJU MUHAMED, MANATHU AYYATHUMOOLA VEEDU, THRIKKAKARA, KAKKANAD, KOCHI-682021.
WP(C) NO. 2801 OF 2022
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BY ADVS. VARGHESE PREM M.K.GOPIMOHANAN
RESPONDENTS:
SMT.K.AMMINIKUTTY SR.G.P., SRI.S.JAMAL,SC AND SRI.S.MANU, ASGI.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2801 OF 2022
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JUDGMENT
When this matter was called today, Sri.Varghese Prem – learned counsel for the petitioners and Sri.S.Manu – learned Assistant Solicitor General of India, were ad idem that the issues impelled in this writ petition have been answered affirmatively in favour of the petitioners by this Court in Ext.P3 judgment.
conceding that no such appeal has been filed until now. He explained that the matter is now being processed at the appropriate level of the Ministry
and that, on getting clearance, an appeal against Ext.P3 judgment will be filed.
submissions of Sri.S.Manu that Ext.P3 judgment
WP(C) NO. 2801 OF 2022
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continues to be in force even today. He only says
that his client intends to file an appeal, but admitting that it has not yet been done.
petitioners must get the same benefits as have been granted to the petitioners in Ext.P3 judgment, since they are identically situated.
Resultantly, I order this writ petition in
terms of Ext.P3 judgment and declare that Ext.P2 declaration of the Government of India has ceased
to be in effect and consequently, that
petitioners are entitled to deal with their properties in any manner as is permitted under
law; for which purpose, they can approach the
competent Authorities, including the Local Self Government Institutions concerned.
It is needless to say that the observations
contained in this judgment are solely confined to
the specific factual factors noticed and
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presented; and hence will not, in any manner, influence the right of the Government of India to issue a fresh declaration under Section 3 of the Works of Defence Act, 1903, if they so choose.
Sd/-
DEVAN RAMACHANDRAN JUDGE
akv
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APPENDIX OF WP(C) 2801/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 12/01/2022. EXHIBIT P1(A) TRUE COPY OF THE TAX RECEIPT DATED 04/01/2022. EXHIBIT P1(B) TRUE COPY OF THE TAX RECEIPT DATED 17/07/2018. EXHIBIT P1(B)1 TRUE COPY OF THE TAX RECEIPT DATED 28/09/2018. EXHIBIT P1(B)2 TRUE COPY OF THE TAX RECEIPT DATED 17/07/2018. EXHIBIT P1(B)3 TRUE COPY OF THE TAX RECEIPT DATED 17/07/2018. EXHIBIT P1(B)4 TRUE COPY OF THE TAX RECEIPT DATED 19/10/2017. EXHIBIT P1(B)5 TRUE COPY OF THE TAX RECEIPT DATED 01/08/2019. EXHIBIT P1(C) TRUE COPY OF THE TAX RECEIPT DATED 16/09/2021. EXHIBIT P1(D) TRUE COPY OF THE TAX RECEIPT DATED 01/10/2021. EXHIBIT P1(E) TRUE COPY OF THE TAX RECEIPT DATED 23/12/2020. EXHIBIT P1(F) TRUE COPY OF THE TAX RECEIPT DATED 14/06/2021. EXHIBIT P1(G) TRUE COPY OF THE TAX RECEIPT DATED
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01/01/2022.
EXHIBIT P1(H) TRUE COPY OF THE TAX RECEIPT DATED 06/01/2022. EXHIBIT P1(I) TRUE COPY OF THE TAX RECEIPT DATED 06/01/2022. EXHIBIT P1(J) TRUE COPY OF THE TAX RECEIPT DATED 03/01/2022. EXHIBIT P1(K) TRUE COPY OF THE TAX RECEIPT DATED 18/10/2021. EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 19/02/2010.
EXHIBIT P3 TRUE COPY OF JUDGMENT I WPC 18528/2020.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE
2 issues framed by the court
Whether petitioners identically situated to those in Ext.P3 judgment entitled to same benefits.
Whether Ext.P2 declaration of Government of India ceases to be in effect.
Colour shows how this judgement treated each authority
Ext.P3 judgmentRelied on¶32
A.A.PAREED AND OTHERS
STATE OF KERALA AND OTHERS
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
DEVAN RAMACHANDRAN
Parties & counsel
