Dismissed

Ravi v. State of Kerala

Kerala HC3 Nov 2023WP(C)/27389/2023

Case brief

AI extract

What is this about?

Writ petitioners sought direction to 3rd respondent under Rule 7(3) of Kerala Land Assignment Special Rules, 1993. Court dismissed petition noting existence of effective appellate remedy under Rule 17. Petitioners relegated to file appeal before Revenue Divisional Officer.

What did the court decide?

Petition disposed of relegating petitioners to file appeal under Rule 17 of the Kerala Land Assignment Special Rules before Revenue Divisional Officer.

Ravi 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 3RD DAY OF NOVEMBER 2023 / 12TH KARTHIKA, 1945

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WP(C) NO. 27389 OF 2023

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PETITIONER:

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1RAVI
AGED 69 YEARS
RESIDING AT KONKANDATH HOUSE, ANJOORROAD,KUNNAMKULAMP.O,
THRISSUR DISTRICT, PIN - 680503

¶8

2LALITHA
AGED 53 YEARS
D/O RAGHAVAN, RESIDING AT MUTHIRAMPARAMBATHU, A.K.G NAGAR,
CHIRAMANANGAD, THRISSUR DISTRICT, PIN - 680604
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH

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RESPONDENTS:

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1 STATE OF KERALA RREPRESENTED BYTHE CHIEF SECRETARY, GOVT. OF KERALA, GOVT. SECRETARIAT, TRIVANDRUM, PIN - 695001

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2 THE DISTRICT COLLECTOR CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003

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3 SPECIAL TAHSILDAR OFFICE OF THE SPECIALTAHSILDAR, L.A UNIT NO.1, THRISSUR DISTRICT, PIN - 680020

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4 THE VILLAGE OFFICER KANJIRAKKODE VILLAGE, THALAPPILLYTALUK, THRISSUR DISTRICT, PIN - 680590

¶14

5SHAFI
S/O ABOOBACKER, CHARALILPEEDIKAYIL HOUSE, KUMARAPPANAL PO,
THRISSUR, PIN - 680585
6HYDRU
S/O MUHAMMED, AAMAYIL HOUSE, KUMARAPPANAL PO, THRISSUR
DISTRICT, PIN - 680585
GP - RIYAL DEVASSY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No. 27389 of 2023 : 2 :

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VIJU ABRAHAM , J. =========================== WP(C) No. 27389 of 2023

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============================ Dated this the 3^rd day of November, 2023

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J U D G M E N T

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Though the petitioners have approached this Court seeking a direction to the 3^rd respondent to pass orders under Rule 7(3) of the Kerala Land Assignment (Regularisation of Occupations of Forest Lands prior to 01.01.1977) Special Rules, 1993, it is submitted that the application has been rejected by Ext P4 order. The learned Government Pleader would point out that the petitioners have an effective appellate remedy as provided in Rule 17 of the Kerala Land Assignment (Regularisation of Occupations of Forest Lands prior to 01.01.1977) Special Rules, 1993. Petitioners submit that they will file an appeal within a period of 10 days from the date of receipt of a copy of this judgment.

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Therefore the above writ petition is disposed of relegating the petitioners to seek the alternate remedy of filing an appeal under Rule 17 of the Kerala Land Assignment (Regularisation of Occupations of Forest Lands prior to 01.01.1977) Special Rules, 1993 before the Revenue Divisional Officer, Thrissur. The Revenue Divisional Officer, Thrissur is suo moto impleaded as additional respondent No.7 in this writ petition and the learned Government

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WP(C) No. 27389 of 2023 : 3 :

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Pleader takes notice for the said respondent. If appeal is filed as undertaken by the petitioner, there will be a direction to the additional 7^th respondent to consider the said appeal filed by the petitioner and dispose of the same in accordance with law within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners as well as respondent Nos. 5 and 6.

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With the above said direction, the writ petition is disposed of.

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Sd/VIJU ABRAHAM JUDGE

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sbk/-

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WP(C) No. 27389 of 2023 : 4 :

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APPENDIX OF WP(C) 27389/2023

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PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF FAMILY MEMBERSHIP
CERTIFICATE DATED 03.07.2022
Exhibit P2COMPLAINT DATED 10.04.2023 PREFERRED
BEFORE 2ND RESPONDENT
Exhibit P3LETTER DATED 28.04.2023 ISSUED BY 3RD
RESPONDENT
Exhibit P3(a)ENTIRE COPY OF EXHIBIT P3 DATED 28.04.2023
Exhibit P4TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT DATE 05/09/2023

Ravi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ravi v. State of Kerala

Case brief

What is this about?

What did the court decide?

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