Disposed

Rose Ophthalmic Industries Pvt, Ltd. v. State of Kerala

Kerala HC2 Jun 2023WP(C)/9150/2023

Case brief

AI extract

What is this about?

The Court granted interim relief through a writ petition challenging a revenue order. The Single Judge directed the Land Revenue Commissioner to expedite consideration of an earlier revision petition and defer proceedings based on the impugned order until a final decision is rendered.

What did the court decide?

Direction to the 2nd respondent to consider and pass orders in Ext.P7 within one month, with a consequential direction to defer proceedings based on Ext.P9.

Rose Ophthalmic Industries Pvt, 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 P.V.KUNHIKRISHNAN

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FRIDAY, THE 2^ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945

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WP(C) NO. 9150 OF 2023

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PETITIONERS:

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1 ROSE OPHTHALMIC INDUSTRIES PVT, LTD. ROSE, ENCLAVE, STATUE ROAD THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING DIRECTOR P.J. PRAKASH, PIN - 695001

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2 P.J. PRAKASH AGED 66 YEARS S/O LATE P.J. JOSEPH HOUSE NO. 30, CINANAMON GARDENS VAZHAYILA, KARAKULAM, TRIVANDRUM., PIN - 695564

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BY ADVS. M.B.SOORI MANU TOM BALAMURALI K.P.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT SECRETARIAT THIRUVANANTHAPURAM., PIN - 695001

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2 LAND REVENUE COMMISSIONER OFFICE OF THE COMMISSIONER OF LAND REVENUE PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPPOSITE ZOO VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, KERALA., PIN - 695033

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3 THE DISTRICT COLLECTOR COLLECTORATE, KUDAPPANAKUNNU THIRUVANNTHAPURAM., PIN - 682030

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4 THE THASILDAR (REVENUE RECOVERY) TALUK OFFICE FORT P.O, THIRUVANANTHAPURAM., PIN - 695023

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5 KERALA STATE WOMEN'S DEVELOPMENT CORPORATION LIMITED BASANT, T.C. 20/2170 OPPOSITE MANMOHAN BUNGLAW KOWDIAR, THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695003

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W.P (C) No.9150 of 2023

BY ADV LATHA ANAND

OTHER PRESENT:

SRI.B.S.SYAMANTAK, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.9150 of 2023

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P.V.KUNHIKRISHNAN

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- - - - - - - - - - - - - - - - - - - - - W.P (C) No.9150 of 2023

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2^nd day of June, 2023

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JUDGMENT

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This writ petition is filed with the following prayers:-

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“(i) To call for the records leading to issuance of Exhibit P9 and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

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(ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to consider Ext.P7 revision petition and pass orders within a time frame to be fixed by this Hon'ble Court.

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(iii) To declare that passing of Ext.P9 order during the pendency of Ext.P7 revision petition is illegal and arbitrary.

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(iv) Award costs of and incidental to this petition.

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(v) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case.” (SIC)

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When this writ petition came up for consideration,

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the learned counsel for the petitioner submitted that there may be a direction to consider Ext.P7 by the 2^nd respondent

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and till then, the revenue recovery proceedings may be deferred.

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Heard the learned counsel appearing for the

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petitioners and learned Standing Counsel appearing for the

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W.P (C) No.9150 of 2023

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3^rd respondent.

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After hearing both sides, I think there can be a direction to the 2^nd respondent to consider Ext.P7 and further proceedings based on Ext.P9 can be deferred till decision is taken in Ext.P6. Therefore, this writ petition is disposed of with the following directions:-

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i) The 2^nd respondent is directed to consider and pass appropriate orders in Ext.P7, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment after giving an opportunity of hearing to the petitioner and the 3^rd respondent.

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ii) Till final orders are passed in Ext.P7, further proceedings based on Ext.P9 shall be deferred.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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bng

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W.P (C) No.9150 of 2023

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APPENDIX OF WP(C) 9150/2023

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PETITIONER EXHIBITS

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Exhibit-P1	THE TRUE COPY OF THE AGREEMENT DATED 23-02-2015 EXECUTED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT.
Exhibit-P2	THE TRUE COPY OF THE SUPPLEMENTARY AGREEMENT DATED 19-06-2015 EXECUTED BY THE PETITIONER AND THE 5TH RESPONDENT.
Exhibit-P3	THE TRUE COPY OF THE FORM 25 CERTIFICATE DATED 30-07-2020.
Exhibit-P4	THE TRUE COPY OF THE DEMAND NOTICE DATED 24-08-2020.
Exhibit-P5	THE TRUE COPY OF THE OBJECTION DATED 28-01-2021.
Exhibit-P6	THE TRUE COPY OF THE ORDER NO. M5- 174/2021 DATED 06-08-2021.
Exhibit-P7	THE TRUE COPY OF THE REVISION PETITION FILED BY THE 1ST PETITIONER DATED 03- 09-2021 WITHOUT ITS ANNEXURES BEFORE THE 2ND RESPONDENT.
Exhibit-P8	THE PETITION FOR STAYING EXT P6 ORDER FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit-P9	THE TRUE COPY OF THE ORDER NO. 174/2021 DATED 23-01-2023.

Rose Ophthalmic Industries Pvt, Ltd. v. State of Kerala

Case brief

What is this about?

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Rose Ophthalmic Industries Pvt, Ltd. v. State of Kerala

Case brief

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