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M/S. Kerala Rare Earths & Minerals Ltd. v. State of Kerala

Kerala HC3 Aug 2023WP(C)/21546/2023

Case brief

AI extract

What is this about?

The single-judge High Court set aside a non-speaking order rejecting an exemption application under Section 81(3) of the Kerala Land Reforms Act. The Court directed the respondent to consider the application afresh, taking into account relevant reports submitted.

What did the court decide?

Ext.P15 order set aside; respondent directed to consider Ext.P11 application afresh by taking into account Exts.P12 to P14 reports and Ext.P17 within two months.

M/S. Kerala Rare Earths & Minerals Ltd. 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 MURALI PURUSHOTHAMAN

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THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945
WP(C) NO. 21546 OF 2023

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PETITIONER:

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M/S. KERALA RARE EARTHS & MINERALS LTD
POST BOX NO. 79, VIII/224,
MARKET ROAD, ALUVA, ERNAKULAM - 683 101,
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MR. K.S. SURESH KUMAR
AGED 62 YEARS,
S/O. LATE P.G. SREEDHARAN NAIR.

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BY ADV RAVI KRISHNAN

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RESPONDENT:

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STATE OF KERALA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM – 695 001.

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SRI. SREEJITH - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C).No.21546 OF 2023

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JUDGMENT

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The petitioner has filed Ext.P11 application for exemption in land ceiling under Section 81(3) of the Kerala Land Reforms Act, 1963 (for short, ‘the Act’) before the respondent. By Ext.P15, the respondent has rejected the application on the ground that the matter is pending before the Taluk Land Board. According to the petitioner, as per Section 81(3) of the Act, the Government is the authority to consider the application for exemption and therefore, the reason stated in Ext.P15 that the matter is subjudice before the Taluk Land Board cannot be sustained. The petitioner further submits that Ext.P15 order has been passed without hearing them and it is a cryptic and non speaking order passed without considering provisions of Section 81(3) of the Act. It is also submitted that the Government while passing

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WP(C).No.21546 OF 2023

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Ext.P15 did not take into consideration Exts.P12 to

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P14 reports recommending exemption.

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent.

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A perusal of Ext.P15 order would show that the only reason stated therein is the pendency of the matter before the Taluk Land Board. It is also evident that Exts.P12 to P14 reports have not been taken into consideration by the respondent while passing Ext.P15. Ext.P15 is a non speaking order

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and the same is passed without any application of mind.

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Accordingly, Ext.P15 is set aside and the respondent is directed to consider Ext.P11 application afresh and pass orders after taking into account Exts.P12 to P14 reports. The respondent shall also take into account Ext.P17 supplementary report.

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WP(C).No.21546 OF 2023

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Orders as above shall be passed within a period of

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two months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of with the above direction.

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Sd/-

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MURALI PURUSHOTHAMAN
JUDGE

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SPR

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WP(C).No.21546 OF 2023

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APPENDIX

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PETITIONER’S EXHIBITS:-

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`EXHIBIT P1`	`TRUE COPY OF THE` `G.O.(MS)NO.50/03/`	`GOVERNMENT ORDER VIDE` `ID DATED 05.05.2003.`
`EXHIBIT P1 (a)`	`TRUE COPY OF THE` `VIDE G.O.(MS)` `15.09.2004.`	`GOVERNMENT ORDER VIDE` `NO.105/04/ID DATED`
`EXHIBIT P2`	`TRUE COPY OF` `18.01.2018 ISSUED` `FORM NO.3 UNDER R` `REFORMS (CEILING` `CEILING CASE NO.` `TALUK LAND BOARD,`	`THE NOTICE DATED` `TO THE PETITIONER IN` `ULE 12(1) KERALA LAND` `) RULES, 1970 IN` `TLB-1/2015/KPLY/SM OF` `KARTHIKAPPALLY.`
`EXHIBIT P3`	`TRUE COPY OF` `14.03.2018 FILED` `CEILING CASE NO.` `TALUK LAND BOARD,`	`THE OBJECTION DATED` `BY THE PETITIONER IN` `TLB-1/2015/KPLY/SM OF` `KARTHIKAPPALLY.`
`EXHIBIT P4`	`TRUE COPY OF` `19.11.2018 GIVEN` `BOARD, KARTHIKAPP`	`THE LETTER DATED` `BY THE TALUK LAND` `ALLY.`
`EXHIBIT P5`	`TRUE COPY OF` `EXEMPTION FILED U` `THE KERALA LAND` `THE PETITIONER TO` `REVENUE DEPARTM` `KERALA.`	`THE APPLICATION FOR` `NDER SECTION 81(3) OF` `REFORMS ACT,1963 BY` `THE SECRETARY TO THE` `ENT, GOVERNMENT OF`
`EXHIBIT P6`	`TRUE COPY OF` `04.05.2021 ISSUED` `THE REVENUE D` `PETITIONER.`	`THE NOTICE DATED` `BY THE SECRETARY TO` `EPARTMENT TO THE`
`EXHIBIT P7`	`TRUE COPY OF THE` `05.07.2021 SUBM` `HON'BLE CHIEF MIN` `KERALA.`	`REPRESENTATION DATED` `ITTED BEFORE THE` `ISTER, GOVERNMENT OF`
`EXHIBIT P8`	`TRUE COPY OF` `30.09.2021 ISSUED` `THE REVENUE D` `PETITIONER.`	`THE NOTICE DATED` `BY THE SECRETARY TO` `EPARTMENT TO THE`
`EXHIBIT P9`	`TRUE COPY OF THE` `21.10.2021 SUBM` `HON'BLE CHIEF MIN` `KERALA.`	`REPRESENTATION DATED` `ITTED BEFORE THE` `ISTER, GOVERNMENT OF`

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WP(C).No.21546 OF 2023

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EXHIBIT P10TRUE COPY OF THE REPLY GIVEN BY THE
SECRETARY TO THE REVENUE DEPARTMENT,
GOVERNMENT OF KERALA DATED 25.11.2021.

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EXHIBIT P11TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER TO THE 3RD
RESPONDENT DATED 14.01.2022.

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EXHIBIT P12TRUE COPY OF THE LETTER ISSUED BY THE
KSIDC TO THE DISTRICT COLLECTOR DATED
15.01.2022.
EXHIBIT P13TRUE COPY OF THE RECOMMENDATION GIVEN
BY THE DISTRICT COLLECTOR ALAPPUZHA TO
STATE LAND BOARD.

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EXHIBIT P14TRUE COPY OF THE RECOMMENDATION GIVEN
BY THE STATE LAND BOARD TO THE
GOVERNMENT DATED 10.08.2022.

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EXHIBIT P15TRUE COPY OF THE NOTICE OF THE
SECRETARY TO THE REVENUE DEPARTMENT
DATED 28.04.2023.

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EXHIBIT P16TRUE COPY OF THE GOVERNMENT ORDER
VIDES G.O.(MS) NO.236/2022/RD DATED
12.10.2022.

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EXHIBIT P17TRUE COPY OF THE SUPPLEMENTARY REPORT
TO THE PROJECT REPORT AS PHASE-2
EXPANSION SCHEME OF THE TOURISM
PROJECT.

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RESPONDENTS EXHIBITS: NIL.

M/S. Kerala Rare Earths & Minerals Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

M/S. Kerala Rare Earths & Minerals Ltd. v. State of Kerala

Case brief

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What did the court decide?

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