The Kerala High Court, erasing into merits, dismissed a writ petition by a petitioner seeking direction to revenue authorities to release government land to him as it was withdrawn with liberty to approach the concerned authority.
Liberty to approach the concerned authority granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945
WP(C) NO. 28001 OF 2023
PETITIONER/S:
M.M. JOSEPH, AGED 70 YEARS
S/O. LATE MATHAN, STATE GENERAL SECRETARY, "JANAKEEYA
VIVARAAVAKASHA PRAVARTHAKA SAMITHY", KERALA SAMSTHANA
KHADAKAM (REG. NO.TVM/PC/1604/2014), KAVUMBHAGAM P.O.,
CHERUVALLY VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM, PIN
- 686159
BY ADV K.PRAVEEN KUMAR
RESPONDENT/S:
1 THE STATE OF KERALAREPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, KAKKANADU, ERNAKULAM, PIN - 6820303 THE TAHSILDAR,KUNNATHUNADU TALUK, PERUMBAVOOR P.O., ERNAKULAM, PIN - 6835424 THE VILLAGE OFFICER, SOUTH AIKARANADU VILLAGE, KOLENCHERRY P.O., ERNAKULAM, PIN - 6823115 THARAVALEL ELIAS, S/O. ELIAS,THEREVELAYIL HOUSE, RAMAMANGALAM P.O., SOUTH AIKARANADU VILLAGE, KOLENCHERRY P.O., ERNAKULAM, PIN - 6823116 PRINCE ELIAS, S/O. ELIAS, THARAEVELAYIL HOUSE, RAMAMANGALAM P.O., SOUTH AIKARANADU VILLAGE, KOLENCHERRY P.O., ERNAKULAM, PIN - 6823117 THE TALUK SURVEYOR, KUNNATHUNADU TALUK, PERUMBAVOOR P.O., ERNAKULAM, PIN – 683542BY ADV SAJEEV KUMAR K.GOPAL FOR R5 & R6
SR.GP SRI. K.P.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28001 OF 2023
-2-
JUDGMENT
A.J.DESAI, C.J.
Having heard learned Counsel for the respective parties and without going into the merits of the case, the writ petition is dismissed as withdrawn, with liberty to the petitioner to approach the concerned authority.
Sd/-
A.J.DESAI
CHIEF JUSTICE
Sd/-
V.G.ARUN
JUDGE
uu 05.10.2023
WP(C) NO. 28001 OF 2023
-3-
APPENDIX OF WP(C) 28001/2023
PETITIOExhibit |
NER EXHIBP1 |
ITSTRUE COPY OF THE23.09.2021 SUBMIRESPONDENT ALONGTRANSLATION |
REPRESENTATION DATEDTTED BEFORE THE 3RDWITH ENGLISH |
|---|---|---|---|
Exhibit |
P2 |
TRUE COPY OF THE16.02.2022 SUBMIINFORMATION OFFIRESPONDENT ALONGTRANSLATION |
APPLICATION DATEDTTED BEFORE THE PUBLICCER OF THE 3RDWITH ENGLISH |
Exhibit |
P3 |
TRUE COPY OF THEDATED 21.02.2022TRANSLATION |
REPLY NO. G2-1999/2022ALONG WITH ENGLISH |
Exhibit |
P4 |
TRUE COPY OF THE23.04.2022 SENTALONG WITH ENGLI |
REPRESENTATION DATEDTO THE 4TH RESPONDENTSH TRANSLATION |
Exhibit |
P5 |
TRUE COPY OF THE16025/2022 DATED |
JUDGMENT IN WP(C)NO.17.05.22 |
Exhibit |
P5(a) |
TRUE COPY OF COV28.05.2022 SENT |
ERING LETTER DATEDTO 3RD RESPONDENT |
Exhibit |
P6 |
TRUE COPY OF THESENT TO 3RD RESP |
LETTER DATED 22.06.22ONDENT, |
Exhibit |
P6(a) |
TRUE PHOTOSTAT CRECEIPT DATED 22SENDING EXT-P6 L |
OPY OF THE POSTAL.06.2022 OBTAINED WHILEETTER. |
Exhibit |
P7 |
TRUE COPY OF THEOF THE LOCAL VILWITH ENGLISH TRA |
LETTER DATED 29.06.22LAGE OFFICER, ALONGNSLATION |
Exhibit |
P8 |
TRUE COPY OF THE2022 DATED NIL SRESPONDENT ALONGTRANSLATION |
NOTICE NO. G2.5935/ENT BY THE 7THWITH ENGLISH |
Exhibit |
P8(a) |
TRUE COPY OF THE29.07.2022 ALONGTRANSLATION |
LETTER DATEDWITH ENGLISH |
Exhibit |
P9 |
TRUE COPY OF THE |
LETTER DATED 31.08.22. |
Exhibit |
P10 |
TRUE COPY OF LAW15.10.2022 |
YER NOTICE DATED |
WP(C) NO. 28001 OF 2023
Exhibit P11A TRUE COPY OF THE LETTER DATED
21.01.23 SENT TO 3RD RESPONDENT ALONG
WITH ENGLISH TRANSLATION
Exhibit P12TRUE COPY OF THE LETTER DATED 05.05.23
Exhibit P12(a)TTRUE COPY OF THE POSTAL RECEIPT DATED
08.05.23 EVIDENCING DISPATCH OF EXT-P12
LETTER BY SPEED-POST
M.M. JOSEPH
THE STATE OF KERALA
THE DISTRICT COLLECTOR, ERNAKULAM
THE TAHSILDAR, KUNNATHUNADU TALUK
THE VILLAGE OFFICER, SOUTH AIKARANADU VILLAGE
THARAVALEL ELIAS
A.J.DESAI
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court