Dismissed

Vicar, St.Jude Church v. State of Kerala

Kerala HC25 Mar 2025WA/1840/2019

Case brief

AI extract

What is this about?

In this writ appeal, the appellant challenged the Single Judge’s order directing officials to decide an application under the Kerala Conservation of Paddy Land and Wetland Act. The High Court held that since the appellant specifically sought this decision in the writ petition, the Single Judge was correct, and noted that no further indulgence was required, dismissing the appeal.

What the court decided

AI extract

Vicar, St.Jude Church Vs State of Kerala — Land Acquisition | Kerala HC (2025)

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W. A. No. 1840 of 2019

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-1-

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2025:KER:26952

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

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THE HONOURABLE MR. JUSTICE S.MANU

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TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

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WA NO. 1840 OF 2019

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AGAINST THE JUDGMENT IN WP(C) NO.40674 OF 2018 OF

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HIGH COURT OF KERALA

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APPELLANT/S:

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VICAR, ST.JUDE CHURCH
(MANAGER ST.JUDE HIGHER SECONDARY SCHOOL),
KARNAKODAM, THAMMANAM P.O, ERNAKULAM-32.

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BY ADV JOHN JOSEPH(ROY)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT KOCHI, KOCHI682001.

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3 CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, CANNON SHED ROAD, MARINE DRIVE, ERNAKULAM-682011.

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BY ADVS.
V.P.REJITHA (PUZHAKKALIDOM)
ASHWIN SETHUMADHAVAN, SR. GP

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W. A. No. 1840 of 2019

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-2-

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2025:KER:26952

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W. A. No. 1840 of 2019

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-3-

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2025:KER:26952

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J U D G M E N T

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Dated this the 25^th day of March, 2025

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Nitin Jamdar, C. J.

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Heard Mr. John Joseph (Roy), learned counsel for the Appellant and Mr. Aswin Sethumadhavan, learned Senior Government Pleader.

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Learned counsel for the Appellant / Original Petitioner submitted that the Appellant had prayed for a direction to Respondent No. 2- Revenue Divisional Officer to decide Ext. P8 application made by the Appellant under Section 27A(1) of the Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2018 (Act 29 of 2018). The learned Single Judge by order dated 18 December 2018 in W. P. (C) No. 40674 of 2018 directed Respondent No. 2 to finalise Ext. P8 application in accordance with law, treating it as one under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, as amended by the Act 29 of 2018, since it was the case of the Appellant that it was submitted after the appointed date. Despite this direction in favour of the Appellant, the Appellant has challenged the order passed by the learned Single Judge in this appeal.

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Learned counsel for the Appellant submitted that the Authority has now fixed the charges for grant of application under Section 27A(1) of the Act 29 of 2018 on an exorbitant basis and it is Ext. P7 application of the Appellant made under the Kerala Land Utilisation Order, 1967, which should be directed to be considered.

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W. A. No. 1840 of 2019

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-4-

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2025:KER:26952

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The prayer of the Appellant in the writ petition was specific, which was to take a decision on Ext. P8 application under Section 27A(1) of the Act 29 of 2018. The matter was argued on that basis. Therefore, there is no error in the view taken by the learned Single Judge in granting the prayer made by the Appellant. The Appellant specifically chose this course of action. There was no direction sought to decide Ext. P7 application which was under a different enactment. The Appellant will have to be restricted to the prayers made in the writ petition. Noting the fact that it was the same prayer which was sought by the Appellant in the writ petition that was allowed, no further indulgence is required in appeal.

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The appeal is dismissed.

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Sd/NITIN JAMDAR CHIEF JUSTICE

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Sd/S. MANU JUDGE

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W. A. No. 1840 of 2019

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-5-

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2025:KER:26952

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APPENDIX OF WA 1840/2019

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PETITIONER ANNEXURES

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ANNEXURE 1 TRUE COPY OF WRIT PETITION WITH EXHIBITS.

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ANNEXURE 2TRUE COPY OF THE IA NO.1 OF 2019 AND 2
OF 2019 IN THE ABOVE WRIT PETITION.

Vicar, St.Jude Church v. State of Kerala

Case brief

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What the court decided

Vicar, St.Jude Church v. State of Kerala

Case brief

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What the court decided

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