Disposed

Lissy Babu v. State of Kerala

Kerala HC28 Nov 2022WP(C)/5362/2020

Case brief

AI extract

What is this about?

In this writ petition challenging the placement of jundas on private property, the Court disposed of the petition orally by directing the 2nd respondent to consider the petitioner's representation and obtain reports from other respondents before passing final orders.

What did the court decide?

Directed the 2nd respondent to consider Ext.P10 and obtain reports from respondents 3-6 within three months.

Lissy Babu 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 T.R.RAVI

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MONDAY, THE 28^TH DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA, 1944

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WP(C) NO. 5362 OF 2020

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PETITIONER:

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LISSY BABU AGED 54 YEARS, W/O.BABU P.KURIAKOSE, PALLATHUKUDY HOUSE, ADIMALY P.O., IDUKKI, PIN-685561.

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BY ADVS. SRI.THOMAS M.JACOB SRI.AKHIL K.MADHAV SRI.V.PRASANTH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2 THE CHIEF CONSERVATOR OF FOREST, HI-RANGE CIRCLE, CHAVITTUVELY, S.H.MOUNT P.O., KOTTAYAM, PIN-686006.

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3 THE DIVISIONAL FOREST OFFICER, MUNNAR DIVISION, DEVIKULAM P.O., DEVIKULAM, PIN-685613.

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4 THE THAHSILDAR, DEVIKULAM, TALUK OFFICE, DEVIKULAM P.O., PIN-685613.

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5 THE VILLAGE OFFICER, PALLIVASSAL VILLAGE, PALLIVASSAL VILLAGE OFFICE, PALLIVASSAL P.O., PIN-685612.

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6 THE TALUK SURVEYOR, DEVIKULAM TALUK, DEVIKULAM, PIN-685613.

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SRI.T.P.SAJAN, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5362 OF 2020

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T.R. RAVI, J.

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-------------------------------------------- W. P.(C).No.5362 of 2022

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Dated this the 28^th day of November, 2022

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JUDGMENT

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The prayer in this writ petition is for a direction to the respondents 1 to 3 to remove the junda numbered as 84, 85 & 86, which have been placed according to the petitioner, erroneously in the petitioner's private property covered by Ext.P1 title deed. There is also a prayer for a direction to the 2nd respondent to pass orders on Ext.P10 representation after taking the aid of Taluk Surveyor.

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The Special Government Pleader (Forests) on instructions submits that the 2nd respondent has already called for reports from the 3rd respondent.

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Since Ext.P10 is still pending consideration, this writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P10, after hearing the petitioner and after calling for necessary reports from respondents 3 to 6, at the earliest, at any rate, within three months from the date of receipt of a certified copy of this judgment.

Sd/-

T.R. RAVI

JUDGE

WP(C) NO. 5362 OF 2020

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APPENDIX OF WP(C) 5362/2020

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF TITLE DEED NO.830/2016 DATED 10.03.2006 OF SRO DEVIKULAM. EXHIBIT P2 TRUE COPY OF TAX RECEIPT DATED 03.07.2019 FOR PAYMENT OF TAX. EXHIBIT P3 TRUE COPY OF PATTA NO.13478 DATED 06.11.1993 IN LA NO.297/1993. EXHIBIT P4 TRUE COPY OF PROCEEDINGS NO.B51967/2001/K.DIS. DATED 27.11.2001 OF RDO DEVIKULAM. EXHIBIT P5 TRUE COPY OF THE GENUINENESS CERTIFICATE (NIJASTHITHI CERTIFICATE) DATED 20.07.2015. EXHIBIT P6 TRUE COPY OF POSSESSION CERTIFICATE DATED 29.06.2018 ISSUED BY VILLAGE OFFICER, PALLIVASAL. EXHIBIT P7 TRUE COPY OF LOCATION SKETCH DATED 29.06.2018 ISSUED BY VILLAGE OFFICER, PALLIVASAL. EXHIBIT P8 TRUE COPY OF POSSESSION AND NON ATTACHMENT CERTIFICATE DATED 12.07.2018 ISSUED BY VILLAGE OFFICER, PALLIVASAL. EXHIBIT P9 TRUE COPY OF THE SURVEY FIELD SKETCH IN RESPECT OF RE-SURVEY NO.176, BLOCK 15 OF PALLIVASAL VILLAGE. EXHIBIT P10 TRUE COPY OF REPRESENTATION DATED 19.11.2019 SUBMITTED BEFORE THE 2ND RESPONDENT.

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WP(C) NO. 5362 OF 2020

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Exhibit P11 TRUE COPY OF REPORT NUMBERED AS M57613/2019 DATED 7.3.2022 OF 3RD RESPONDET DFO TO THE 2ND RESPONDENT CHIEF CONSERVATOR OF FOREST. Exhibit P12 TRUE COPY OF THE COMMUNICATION NO.C35811/19 DATED 25.3.2022 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Lissy Babu v. State of Kerala

Case brief

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Lissy Babu v. State of Kerala

Case brief

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