Citation : 2023 Latest Caselaw 12562 Ker
Judgement Date : 22 November, 2023
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
Wednesday, the 22nd day of November 2023 / 1st Agrahayana, 1945
WA NO. 1061 OF 2023
AGAINST JUDGMENT DATED 28.03.2022 IN WP(C) 79/2022 OF THIS COURT
APPELLANTS/RESPONDENTS IN W.P.(C):
1. THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR, REVENUE DIVISIONAL
OFFICE, FORT KOCHI P.O, ERNAKULAM - 682001.
2. THE TAHSILDAR (LR), TALUK OFFICE, KANAYANNOOR, ERNAKULAM
P.O,ERNAKULAM DISTRICT- 682011.
3. THE LOCAL LEVEL MONITORING COMMITTEE, MULANTHURUTHY GRAMA PANCHAYATH
REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, MULAMTHURUTHY,
KRISHI BHAVAN, MULAMTHURUTHY, MULAMTHURUTHY P.O, ERNAKULAM DISTRICT
- 682314.
4. THE AGRICULTURAL OFFICER, MULAMTHURUTHY, KRISHI BHAVAN,
MULAMTHURUTHY, MULAMTHURUTHY P.O, ERNAKULAM DISTRICT- 682314.
5. THE VILLAGE OFFICER, MULAMTHURUTHY VILLAGE, VILLAGE OFFICE,
MULAMTHURUTHY, MULAMTHURUTHY P.O, ERNAKULAM DISTRICT - 682314.
BY GOVERNMENT PLEADER AND SRI.K.P.JAYACHANDRAN, ADDL ADVOCATE GENERAL
RESPONDENT/PETITIONER IN W.P.(C):
JACOB BOBAN,S/O. BOBAN JACOB, KARITHADATHIL HOUSE, PIRAVOM P.O.,
ERNAKULAM DISTRICT - 686664.
BY ADVS.M/S. PEEYUS A. KOTTAM & HRITHWIK D. NAMBOOTHIRI
ADVOCATE COMMISSIONER JAEONA JAMES
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 impugned judgment of the learned single judge
dated 28.03.2022 in Writ Petition (Civil) No.79/2022.
This Writ Appeal coming on for orders on 22/11/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
A.J.DESAI, C.J.
&
V.G.ARUN, J.
=========================
W.A. No. 1061 of 2023
=========================
Dated this the 22nd day of November, 2023
ORDER
A.J.DESAI, C.J.
Considering the rival submissions with regard to the factual
position of the property, we hereby appoint Adv. Jaeona James as
Advocate Commissioner, who shall visit the place and prepare a
sketch and report with regard to the nature and condition of the
property. The Advocate Commissioner shall submit the report before
the next posting date. The respondent is hereby directed to pay an
amount of Rs.35,000/- to the Advocate Commissioner, as
remuneration.
Post on 08.12.2023.
Sd/-
A.J.DESAI CHIEF JUSTICE
Sd/-
V.G.ARUN JUDGE
uu
22-11-2023 /True Copy/ Assistant Registrar
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