Kerala High Court
State Of Kerala Represented By Its ... vs M C George on 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 25th day of January 2022 / 5th Magha, 1943
WA NO. 102 OF 2022
AGAINST JUDGMENT DATED 04/12/2021 IN WPC NO.16705/2021 OF THIS COURT.
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APPELLANTS/RESPONDENTS IN WP(C):
1.STATE OF KERALA,REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM- 695 001.
2.THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT,
COLLECTORATE, MALAPPURAM - 676 503.
3.SUB REGISTRAR, OFFICE OF THE SUB REGISTRY,
KARUVARAKUNDU,MALAPPURAM DISTRICT - 676 523.
4.TAHSILDAR, NILAMBUR TALUK,
NILAMBUR - 679 329.
5.VILLAGE OFFICER, KERALS ESTATE VILLAGE,
KERALA ESTATE P O, MALAPPURAM DISTRICT - 676 525.
BY GOVERNMENT PLEADER
RESPONDENT/PETITIONER IN WP(C):
M C GEORGE,AGED 72 YEARS,SON OF LATE M C CHERIAN,
RESIDING AT NO.55,LAVELLE ROAD,BANGALORE,PIN - 560 001.
BY ADV.SRI.M.A.ABDUL HAKHIM
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 04.12.2021 in WP(C)
No.16705/2021 and all further proceedings pursuant thereto, pending
disposal of the Writ Appeal.
This Writ Appeal coming on for admission on 25/01/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
EXT.P3:A PHOTOSTAT COPY OF THE JUDGMENT OF THIS HON'BLE COURT
DATED 11.12.2018.
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S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
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W. A. No. 102 of 2022
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Dated this the 25th day of January, 2022
ORDER
S. Manikumar, C. J.
Being aggrieved by the judgment in W. P. (C) No. 16705 of 2021
dated 04.12.2021, directing action to be taken for registration of the
subject property, instant writ appeal is filed by State of Kerala and
others.
2. Attention of this Court was invited to a Division Bench
judgment of this Court in One Earth One Life and Others v. State of
Kerala reported in [2019 (1) KLT 985].
3. Besides, contention has also been made that on the issue of
fragmentation of plantation, after considering the statutory provision
Section 81 (4) of the Kerala Land Reforms Act, 1963, this Court had
already entertained W. A. Nos. 1328 of 2021 and 1726 of 2021, and
also another W. A. No. 2299 of 2019, in which there is an order of
interim stay of the impugned judgment therein.
4. Though Mr. M. A. Abdul Hakhim, learned counsel for the
W. A. No. 102 of 2022
respondent, contended that the issue between the State of Kerala and
the respondent has already been decided vide Exhibit P3 judgment in
W. P. (C) No. 38339 of 2018 dated 11.12.2018, and that the respondent
had invested huge amounts, and for the abovesaid reasons sought for
early hearing of the instant writ appeal, considering the fact that some
other writ appeals have already been entertained on the very same
issue, and also the fact that there is an order of status quo by the
Hon'ble Supreme Court, we are unable to accede to the request of the
learned counsel for the respondent.
5. For the abovesaid reasons, W. A. No. 102 of 2022 is admitted
and that there shall be an interim stay of operation of the impugned
judgment in W. P. (C) No. 16705 of 2021 dated 04.12.2021.
Registry is directed to post the instant W. A. No. 102 of 2022
along with the abovesaid writ appeals.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
25-01-2022 /True Copy/ Assistant Registrar
