Claret Bhavan Minor Seminary Of The ... vs State Of Kerala

Kerala High Court

Claret Bhavan Minor Seminary Of The ... vs State Of Kerala on 23 May, 2024

Author: V.G.Arun

Bench: V.G.Arun

W. A. No. 550 of 2024
                                   -1-



             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 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                         WA NO. 550 OF 2024
   AGAINST THE JUDGMENT IN WP(C) NO.13928 OF 2022 OF HIGH
                          COURT OF KERALA
APPELLANT/S:
    1     CLARET BHAVAN MINOR SEMINARY OF THE CLARETIAN
          CONGREGATION
          (A SOCIETY REGISTERED AS S.NO. K 172 OF 1976
          UNDER THE TRAVANCORE COCHIN LITERARY, SCIENTIFIC
          AND CHARITABLE SOCIETIES ACT, 1955) REPRESENTED
          BY ITS SUPERIOR, CLARET BHAVAN, KURAVILANGAD,
          KOTTAYAM DISTRICT, PIN 686 663, PIN - 686663
     2       THE SUPERIOR
             CLARET BHAVAN, KURAVILANGAD, KOTTAYAM DISTRICT,
             PIN 686 663, PIN - 686663
             BY ADVS.
             P.B.KRISHNAN (SR.)
             MANU VYASAN PETER
             SABU GEORGE

RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO THE REVENUE
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN
          695 001, PIN - 695001
     2       THE TALUK LAND BOARD
             MEENACHIL, REVENUE DIVISIONAL OFFICE, PALA,
             KOTTAYAM, PIN 686 575, PIN - 686575
             SR. GP K. P. HARISH

     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W. A. No. 550 of 2024
                                    -2-


                           JUDGMENT

Dated this the 23rd day of May, 2024 A. J. Desai, C. J.

By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the original petitioners have challenged the judgment dated 29.02.2024 in W. P. (C) No. 13928 of 2022 by which the learned Single Judge, while disposing of the writ petition, directed the appellants to file their objections pursuant to Exts. P4 and P5 notices produced in the writ petition.

2. The grievance of the appellants is with regard to the powers of the Taluk Land Board in issuing the notices as well as certain observations made by the learned Single Judge while disposing of the writ petition, which reads thus:-

"In view of the above, this court is of the opinion that the petitioners have to approach the Taluk Land Board pursuant to Exts.P4 and P5 and file their objections including their claim for exemption under Section 98A of the Act 1963. If the petitioner raises a claim based on Section 98A of the Act 1963, then the 2nd respondent Taluk Land Board is obliged to refer the matter to the 1 st respondent for W. A. No. 550 of 2024 -3- adjudication as to the entitlement for exemption under Section 98A of the Act 1963 and only on such adjudication being made by the Government, that proceedings pursuant to Exts. P4 and P5 shall be finalized."

3. Having heard the learned counsel appearing for the respective parties and having gone through the judgment impugned in this appeal, we are not inclined to entertain this appeal. However, it is made clear that the Taluk Land Board shall consider the objections strictly in accordance with law, without being influenced by the observations made in the judgment dated 29.02.2024 in W. P. (C) No. 13928 of 2022.

The writ appeal is disposed of accordingly. Pending Interlocutory Applications, if any, shall stand closed.

Sd/-

A. J. DESAI CHIEF JUSTICE Sd/-

V. G. ARUN JUDGE Eb