Allowed

Vibin.K.v v. 1. State of Kerala

Kerala HC6 Feb 2023WP(C)/2579/2023

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed the writ petition holding that a statutory Form 5 application cannot be rejected without a reasoned order. The court set aside the summary rejection and directed the Revenue Divisional Officer to pass a reasoned order within one month.

What did the court decide?

Set aside Ext.P5 (rejection) and directed 3rd respondent to pass a reasoned order on Form 5 application within one month.

Vibin.K.v Vs 1. 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 MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 6^TH DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944

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WP(C) NO.2579 OF 2023

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PETITIONERS :-

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1 VIBIN.K.V., AGED 34 YEARS S/O.VENUGOPAL, KOKKATTIL HOUSE, MINALUR.P.O., THRISSUR, PIN – 680 581

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2 VIDHYA.P, AGED 31 YEARS D/O.VIBIN, KOKKATTIL HOUSE, MINALUR.P.O., THRISSUR, PIN – 680 581

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BY ADVS. LINDONS C.DAVIS E.U.DHANYA SWATHY A.P.

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RESPONDENTS :-

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE AND FARMERS WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

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2 DISTRICT COLLECTOR COLLECTORATE, AYYANTHOLE, THRISSUR, PIN – 680 003

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3 REVENUE DIVISIONAL OFFICER THRISSUR COLLECTORATE, AYYANTHOLE, THRISSUR, PIN – 680 003

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4 LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, KOLAZHY, M G KAVU.P.O., THRISSUR, PIN – 680 581

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5 AGRICULTURAL OFFICER KRISHI BHAVAN, KOLAZHY, M G KAVU.P.O., THRISSUR, PIN – 680 581

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SRI.APPU.P.S., GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.2579 OF 2023

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-: 2 :-

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JUDGMENT

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Dated this the 6th day of February, 2023

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Heard the learned counsel for the petitioners and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioners that the Form 5 application submitted by the petitioners has been rejected without any order at all.

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The learned Government Pleader would also submit that Ext.P5 evidences the rejection of the application.

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I am of the opinion that since the Form 5 application submitted by the petitioners is a statutory application, a reasoned order has to be passed on the same and a rejection by Ext.P5 is not sufficient. Ext.P5 is, therefore, set aside.

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There will be a direction to the 3^rd respondent to pass a reasoned order on the Form 5 application submitted by the petitioners, after adverting to the reports of the Agricultural Officer and the Village Officer. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/8.2.2023

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WP(C) NO.2579 OF 2023

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-: 3 :-

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APPENDIX OF WP(C) 2579/2023

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PETITIONER EXHIBITS

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Exhibit P1 ACOPY OF THE LAND TAX RECEIPT DATED 05.02.2022 ISSUED BY THE VILLAGE OFFICE, KOLAZHY Exhibit P2 A COPY OF THE RELEVANT PAGES OF KERALA GAZETTE DATED 21.01.2021 SHOWING THE PETITIONERS LAND IN DATA BANK REGISTER OF KOLAZHY GRAMA PANCHAYAT

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Exhibit P3 A COPY OF FORM.5 APPLICATION OF THE PETITIONERS DATED 21.02.2022

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Exhibit P4 . A TRUE COPY OF THE DECISION OF LLMC DATED 12.07.2022 Exhibit P5 A COPY OF THE PRINT OUT OF THE OFFICIAL WEBSITE PAGE SHOWING THE STATUS OF FORM.5 APPLICATION OF THE PETITIONERS AS "REJECTED",

Vibin.K.v v. 1. State of Kerala

Case brief

What is this about?

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Vibin.K.v v. 1. State of Kerala

Case brief

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What did the court decide?

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