Nima Jacob vs State Of Kerala
2024 Latest Caselaw 14015 Ker

Kerala High Court

Nima Jacob vs State Of Kerala on 28 May, 2024

WP(C) No.8364/2024                            1/3                        Order Date : 28-05-2024

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
                     Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
                                     WP(C) NO. 8364 OF 2024
   PETITIONER:

          NIMA JACOB, AGED 62 YEARS, W/O. ABU JAMES, AN 1, T.C.L. QUARTERS,
          TRAVANCORE CEMENTS LTD, NATTAKOM, KOTTAYAM-686013 IN MULAMKUZHA
          KARA, NATTAKOM KOTTAYAM, NOW RESIDING AT AMBALATHUNKAL, B-20, KURIAN
          UTHUP NAGAR, MOOLAVATTOM P.O, PANACHIKKADU, POOVANTHURUTHU GDS,
          KOTTAYAM, PIN - 686012.

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
      2. THE CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, OFFICE OF THE CHIEF
         TOWN PLANNER, THIRUVANANTHAPURAM, PIN - 695004.
      3. THE DISTRICT COLLECTOR-KOTTAYAM, COLLECTORATE KOTTAYAM, CIVIL
         STATION P.O., KOTTAYAM, PIN - 686002.
      4. REVENUE DIVISIONAL OFFICER-KOTTAYAM, OFFICE OF THE RDO, MINI CIVIL
         STATION, UNION CLUB ROAD, PUTHANANGADI, KOTTAYAM, PIN - 686001.
      5. THE LOCAL LEVEL MONITORING COMMITTEE-KOTTAYAM, REPRESENTED BY ITS
         CONVENER-THE AGRICULTURE OFFICER-KOTTAYAM, OFFICE OF THE AGRICULTURE
         OFFICER, KRISHI BHAVAN, KOTTAYAM, PIN - 686001.
      6. VILLAGE OFFICER-KOTTAYAM, VILLAGE OFFICE-KOTTAYAM, KOTTAYAM, PIN -
         686001.
      7. KOTTAYAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, OFFICE OF THE
         KOTTAYAM MUNICIPALITY, KOTTAYAM, PIN - 686001.


        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents 4, 5 and 7 to remove the property of the
   petitioner included in the Kodimatha multipurpose housing project which is
   referred to in Exhibit P3-tax receipt from the data bank prepared under
   Act 28 of 2008, pending disposal of the Writ Petition (Civil).


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this court's order dated
   01.03.2024 and upon hearing the arguments of M/S LIJI.J.VADAKEDOM & ATHUL
   V. VADAKKEDOM Advocates for the petitioner, SRI. AJIT JOY, (SC) for R7,
   the court passed the following:
 WP(C) No.8364/2024                           2/3                              Order Date : 28-05-2024




                                 MOHAMMED NIAS C.P., J.
                            -----------------------------------------------
                                  W.P.(C.) No.8364 of 2024
                             ---------------------------------------------
                           Dated this the 28th day of May, 2024



                                            ORDER

Learned Government Pleader is directed to file a counter in two

weeks' time. Learned counsel for the petitioner submits that the matter is

covered by the judgment in State of Kerala & others v. Binu Mathew

Chacko & others [2021 (6) KHC 717]. The statement shall also contain the

contention of the petitioner that the matter is covered in his favour. Post on

14.6.2024.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

dlk/28.05.2024 WP(C) No.8364/2024 3/3 Order Date : 28-05-2024

APPENDIX OF WP(C) 8364/2024 Exhibit P3 THE COPY OF THE TAX RECEIPT DATED 16.2.2024 ISSUED IN THE NAME OF THE PETITIONER FROM THE VILLAGE OFFICE, KOTTAYAM