Disposed

Sebastian v. State of Kerala

Kerala HC24 Nov 2023WP(C)/18782/2023

Case brief

AI extract

What is this about?

Petitioner challenged orders issued by the Revenue Divisional Officer contrary to an earlier Court direction. The Court disposed of the writ petition, setting aside the impugned order and directing the RDO to independently consider a fresh application within specified timelines.

What did the court decide?

Petitioner to file Form 5 application within one week; 2nd Respondent RDO to consider same after site inspection within two months.

Sebastian Vs State of Kerala — Land Acquisition | Kerala HC (2023)

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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 VIJU ABRAHAM

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FRIDAY, THE 24TH DAY OF NOVEMBER 2023 / 3RD AGRAHAYANA, 1945

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WP(C) NO. 18782 OF 2023

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PETITIONER:

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SEBASTIAN, AGED 66 YEARS

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SON OF OUSEPH, KOKKAD HOUSE, KALLETTUMKARA P.O,
ALOOR, MUKUNDAPURAM, THRISSUR, PIN - 680683
BY ADVS.
PEEYUS A.KOTTAM
HRITHWIK D. NAMBOOTHIRI
RAGESH CHAND R.G.

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT,
MAHATHMA GANDHI ROAD, NEAR CENTRAL STADIUM,
STATUE JUNCTION, PALAYAM, THIRUVANANTHAPURAM,
KERALA, PIN - 695001

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2 REVENUE DIVISIONAL OFFICER

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DISTRICT CT WAY RD, KIDANGAMPARAMP,
THONDANKULANGARA, THATHAMPALLY,
ALAPPUZHA, KERALA, PIN - 688013

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3 LOCAL LEVEL MONITORING COMMITTEE

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REPRESENTED BY AGRICULTURAL OFFICER, KRISHI BHAVAN, KANJIKUZHY, ALAPPUZHA DISTRICT,, PIN - 686002

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BY GP SRI.SYAMANTHAK B.S.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18782 of 2023

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VIJU ABRAHAM, J.

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W.P (C) No.18782 of 2023

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................................................................. Dated this the 24^th day of November, 2023

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JUDGMENT

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Petitioner submits that by Ext.P9 judgment the 3^rd respondent was directed to reconsider Ext.P2 application submitted by him after obtaining the satellite data from the KSRSEC. But in spite of the specific direction issued to the 3^rd respondent, it is seen that now orders have been issued by the 2^nd respondent which is contrary to the direction issued by this Court in Ext.P9 judgment. Petitioner submits that he is prepared to file a fresh application in Form 5 before the 2^nd respondent and there may be a direction for expeditious disposal of the same in view of the fact that KSRSEC report is already obtained, which is produced as Ext.P10.

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Heard the learned Government Pleader also.

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In view of the above, the writ petition is disposed of setting aside Ext.P12. Petitioner shall file an application in Form 5 within one week from the date of receipt of the copy of the judgment. On receipt of the same, the 2^nd respondent shall consider the said application in the light of Ext.P10 report of the KSRSEC and after conducting a site inspection and take a final decision in the matter within an outer limit of two months from the date of receipt of a copy of the judgment. It is made clear that since a

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WP(C) No.18782 of 2023

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fresh application has been filed, it is for the 2^nd respondent RDO to independently consider the same as directed above.

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With the abovesaid directions the writ Petition is disposed of.

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Sd/-

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VIJU ABRAHAM JUDGE

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cks

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WP(C) No.18782 of 2023

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APPENDIX OF WP(C) 18782/2023

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PETITIONER EXHIBITS

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`Exhibit`	`P1` `TRUE COPY OF THE TAX RECEIPT SHOWING` `PAYMENT OF PROPERTY TAX FOR 4.22 ARES` `IN RE-SY.NO. 388/2-5, 6.98 ARES IN` `SY.NO. 388/3-1, 13.10 ARES IN` `SY.NO.388/4-2`
`Exhibit`	`P2` `THE TRUE COPY OF THE APPLICATION` `SUBMITTED BY THE PETITIONER DATED` `20.11.2017 BEFORE THE 3RD RESPONDENT` `LLMC, KANJIKUZHY`
`Exhibit`	`P3` `TRUE COPY OF THE ACKNOWLEDGEMENT` `RECEIPT ISSUED FROM THE OFFICE OF THE` `3RD RESPONDENT TOWARDS ACCEPTANCE OF` `EXT-P2 REPRESENTATION`
`Exhibit`	`P4` `THE TRUE COPY OF THE RECEIPT ISSUED` `FROM THE OFFICE OF THE DISTRICT` `COLLECTOR TOWARDS ACCEPTANCE OF THE` `PETITIONER'S APPLICATION FOR CHANGING` `THE DESCRIPTION OF THE PROPERTY`
`Exhibit`	`P5` `THE TRUE COPY OF THE STATEMENT FILED BY` `THE TAHSILDAR IN W.P.(C)11382/2022`
`Exhibit`	`P6` `THE TRUE COPY OF THE DECISION OF THE` `3RD RESPONDENT LLMC TAKEN ON 02.03.2020`
`Exhibit`	`P7` `TRUE COPY OF THE STATEMENT FILED BY 3RD` `RESPONDENT IN W.P(C) 30553/2022` `(WITHOUT ANNEXURE)`
`Exhibit`	`P8` `PHOTOGRAPHS SHOWING THE LIE AND NATURE` `OF THE PETITIONER'S PROPERTY`
`Exhibit`	`P9` `THE TRUE COPY OF THE JUDGMENT IN W.P.` `(C) 42546/2022 DATED 11.01.2023`
`Exhibit`	`P10` `THE TRUE COPY OF THE KSRSEC REPORT` `OBTAINED FROM THE KERALA STATE REMOTE` `SENSING & ENVIRONMENT CENTER DATED`

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WP(C) No.18782 of 2023

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10.02.2023
Exhibit P11THE TRUE COPY OF THE REPORT OF THE LLMC
FORWARDED TO THE SUB COLLECTOR DATED
16.03.2023 RECOMMENDING TO REJECT THE
PETITIONER'S FORM 5 APPLICATION
Exhibit P12THE TRUE COPY OF THE ORDER NO DDSJ2
8156/2022 DATED 19.05.2023 ISSUED BY
THE SUB COLLECTOR, ALAPPUZHA

Sebastian v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sebastian v. State of Kerala

Case brief

What is this about?

What did the court decide?

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