Disposed

Sajan George v. State of Kerala Represented by the Secretary Revenue Department

Kerala HC23 Dec 2022WP(C)/42057/2022

Case brief

AI extract

What is this about?

In this writ petition challenging illegal holding of state land by the 4th and 5th respondents, the court disposed of the matter without examining merits. It directed the Secretary, Revenue Department, to consider the petitioner's representation and pass appropriate orders within three months.

What did the court decide?

Writ petition disposed of; direction to the Secretary, Revenue Department, to consider the representation dated 02.09.2022 and pass appropriate orders within three months; pending interlocutory applic

Sajan George Vs State of Kerala… — Constitutional and Fundamental Rights | 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 THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

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WP(C) NO. 42057 OF 2022

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PETITIONER:

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SAJAN GEORGE

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AGED 56 YEARS
S/O M.T.GEORGE, MALAVIL HOUSE,
ELOOR, UDYOGAMANDAL, ERNAKULAM, PIN – 683 501.

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BY ADVS.

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ABRAHAM P.MEACHINKARA
THOMAS GEORGE
MARGARET MAUREEN DROSE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHPURAM, PIN – 695 001.

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2 THE SECRETARY, REVENUE DEPARTMENT REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHPURAM, PIN – 695 001.

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3 COMMISSIONER, STATE LAND BOARD PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPP. ZOO, VIKHAS BHAWAN THIRUVANANTHPURAM, PIN – 695 033.

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4 DIVINE TRUST

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DIVINE RETREAT CENTRE,

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MURINGOOR P.O. CHALAKUDY, THRISSUR DISTRICT,
REPRESENTED BY ITS DIRECTOR.

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W.P.(C)No.42057 of 2022

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5DIVINE CHARITABLE TRUST
DIVINE RETREAT CENTRE, MURINGOOR P.O
CHALAKUDY, THRISSUR DISTRICT
REPRESENTED BY ITS DIRECTOR.

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MR.S. RANJITH, SPL. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C)No.42057 of 2022

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JUDGMENT

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Dated this the 23^rd day of December, 2022

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S. Manikumar, C.J.

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In this writ petition, the petitioner has sought for the following reliefs:

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“(1) Issue a writ of mandamus and direct Respondent 1 to 3 to initiate legal action against the 4^th and 5^th Respondents for illegally holding 126 acres of land which otherwise belongs to the State Government.

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(2) To direct the 2^nd and 3^rd Respondent to consider and take action on Exhibit P3 representation.”

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Though the petitioner has sought for a larger prayer

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to take legal action, Mr. Abraham P. Meachinkara, learned counsel for the petitioner, submitted that suffice to direct the

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Secretary to the Government, Revenue Department, Thiruvananthapuram (respondent No.2) to consider Exhibit P3

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representation and pass appropriate orders.

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Submission of the learned counsel is placed on record.

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Mr.S. Ranjith, learned Special Government Pleader has

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no objection for the said relief being granted.

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W.P.(C)No.42057 of 2022

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He also submitted that Exhibit P3 representation has been acknowledged.

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In the above said circumstances, there is no need to delve into the merits of the writ petition. Therefore, the writ petition is disposed of with a direction to the Secretary to the Government, Revenue Department, Thiruvananthapuram (respondent No.2) to consider Exhibit P3 representation dated 02.09.2022 and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this judgment.

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Pending interlocutory applications, if any, shall stand closed.

Sd/-

S. Manikumar

Chief Justice

Sd/-

Shaji P. Chaly Judge

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vpv

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W.P.(C)No.42057 of 2022

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APPENDIX OF WP(C) 42057/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE JUDGMENT DATED 10-7-2018
IN WRIT PETITION NO. 11791 OF 2018.

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Exhibit P2TRUE COPY OF THE ORDER DATED 21-12-2021 OF
THE HONOURABLE NATIONAL COMPANY LAW
TRIBUNAL, KOCHI BENCH, IN TCP/26/KOB/2019.

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Exhibit P3TRUE COPY OF THE REPRESENTATION DATED
2-9-2022 TO THE RESPONDENTS.

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//true copy//

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P.A. to Judge

Sajan George v. State of Kerala Represented by the Secretary Revenue Department

Case brief

What is this about?

What did the court decide?

Sajan George v. State of Kerala Represented by the Secretary Revenue Department

Case brief

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What did the court decide?

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