Remanded

Varghese Chacko, v. the District Collector

Kerala HC17 Jan 2022WP(C)/600/2022

Case brief

AI extract

What is this about?

Petitioner sought direction to finalise pending land revenue proceedings within a time frame via writ petition. Court held it cannot issue affirmative declarations on manner of action but directed competent authorities to finalise proceedings peacefully.

What did the court decide?

Direct respondents 1 and 2 to finalise proceedings in File No.B2-6680/12 within three months after affording opportunity of being heard to petitioner and other interested persons.

Varghese Chacko, 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 DEVAN RAMACHANDRAN

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MONDAY, THE 17^TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943

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WP(C) NO. 600 OF 2022

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PETITIONER:

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VARGHESE CHACKO, AGED 76 YEARS S/O. CHACKO, GEORGE NIVAS, VENGAVILA THEKKETHIL, KUNNIDA, KURUMBAKKARA P.O., PATHANAMTHITTA-689695.

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BY ADVS. M.K.ABOOBACKER D.M.NOWFAL

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, PATHANAMTHITTA-689645.

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2 THE REVENUE DIVISIONAL OFFICER, ADOOR TALUK, PATHANAMTHITTA, PIN-691523.

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3 THE LAND REVENUE COMMISSIONER, REVENUE COMPLEX, MUSEUM JUNCTION, THIRUVANANTHAPURAM695033.

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SMT. MABLE .C .KURIAN SR.G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 600 OF 2022

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JUDGMENT

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The limited plea of the petitioner in this

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writ petition is that respondents 1 and 2 be directed to finalise the proceedings in File No.B2-6680/12, adverting to the specific

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directions in Ext.P2 proceedings issued by the Land Revenue Commissioner, within a time frame to be fixed by this Court.

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Sri.M.K.Aboobacker – learned counsel for the

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petitioner, were answered by the learned Senior Government Pleader – Smt.Mable.C.Kurian, saying

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that she does not have instructions whether final orders on the afore file has been issued,

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or as to the nature of the proceedings now

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pending on it. She, however, added that if the

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petitioner only requires final action on the

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said file to be completed in terms of law by

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the competent among respondents 1 and 2, she

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WP(C) NO. 600 OF 2022

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will not stand in the way of this Court passing such orders; however, praying that this Court may not make any affirmative declarations in favour of the petitioner and leave it to the said competent Authority to take an appropriate decision thereon, strictly as per law.

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When I consider the afore submissions,

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there can be no doubt that this Court cannot issue any affirmative declarations as to the manner in which action has to be taken on the aforementioned file. If it is still pending, then the competent among respondents 1 and 2 will have to take an apposite final decision as per law, after hearing all sides.

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Resultantly, I order this writ petition

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and direct the competent among respondents 1

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and 2 to finalise the proceedings on File No.B2-6680/12, adverting to Ext.P2 proceedings

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of the Land Revenue Commissioner, and after

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affording an opportunity of being heard to the

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WP(C) NO. 600 OF 2022

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petitioner, as also to any other person, who may be interested; thus culminating in an appropriate order and necessary action thereon,

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as expeditiously as is possible, within a

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period of three months from the date of receipt of a copy of this judgment.

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Needless to say, if a final order on the afore file has already been issued, then respondents 1 and 2 will ensure that said order is communicated to the petitioner within a period of two weeks from the date of receipt of a copy of this judgment, by registered post acknowledgment due, in his address shown in this writ petition.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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SAS/17/01/2022

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WP(C) NO. 600 OF 2022

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APPENDIX OF WP(C) 600/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE JUDGMENT IN WPC NO. 23277/2019 DATED 02/12/2019. Exhibit P2 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 28/03/2020.

Varghese Chacko, v. the District Collector

Case brief

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Varghese Chacko, v. the District Collector

Case brief

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