Kerala High Court
Dr. John Varghese vs State Of Kerala on 30 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) No.7206 of 2016
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 7206 OF 2016
WRIT PETITIONERS:
1 DR. JOHN VARGHESE
C.M.HOSPITAL, M.C.ROAD, PANDALAM, KERALA,
RESIDING AT ATTUPURATH HOUSE, VENMONY,
ALAPPUZHA DISTRICT.
2 DR. SUMA JOHN
C.M.HOSPITAL, M.C.ROAD, PANDALAM, KERALA,
RESIDING AT ATTUPURATH HOUSE, VENMONY,
ALAPPUZHA DISTRICT.
BY ADVS.
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 AGRICULTURAL PRODUCTION COMMISSIONER
DEPARTMENT OF AGRICULTURE,
GOVERNMENT OF KERALA, SECRETARIAT,
WP(C) No.7206 of 2016
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THIRUVANANTHAPURAM-695 001.
3 LOCAL LEVEL MONITORING COMMITTEE
PANDALAM GRAMA PANCHAYAT, REPRESENTED BY
ITS CONVENOR, AGRICULTURAL OFFICER,
KRISHI BHAVAN, THONNALLUR, KADAKKAD,
PANDALAM-689 501.
4 AGRICULTURAL OFFICER
KRISHI BHAVAN, THONNALLUR, KADAKKAD,
PANDALAM-689 501.
5 VILLAGE OFFICER
VILLAGE OFFICE, PANDALAM-689 501.
BY ADV.:
SRI.SANGEETHARAJ.N.R, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 30.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.7206 of 2016
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P.V.KUNHIKRISHNAN, J.
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WP(C) No.7206 of 2016
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Dated this the 30th day of September, 2024
JUDGMENT
The above Writ Petition(C) is filed with the
following prayers:
"i. declare that the property of the 1st petitioner
having an extent of 46.55 Ares of property in
Sy.No. 207/7, 15, 11, 16, 6, 11-1-1, 16-1-1, 8, 14,
24, 10-1 of Pandalam Village is entitled to be
deleted from the data-bank;
ii. issue a writ in the nature of certiorari or any
other writ, direction or order to quash the decision
of the 3rd respondent in Ext.P10 to the extent it
refuses to delete the property of the 1 st petitioner
from the data-bank;
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iii. issue a writ in the nature of mandamus or
any other writ, direction or order directing the 3rd
respondent to be pleased to direct the 4th
respondent to take steps to enforce its decision in
Ext.P7 as regards the land of the 1st petitioner
iv. issue a writ in the nature of mandamus or
any other writ, direction or order directing the 3rd
respondent to delete 46.55 Ares of property in
Sy.No. 207/7, 15, 11, 16, 6, 11-1-1, 16-1-1, 8, 14,
24, 10-1 of Pandalam Village from the data-bank in
the light of the decision in Ext.P7; or in the
alternative
v. issue a writ in the nature of mandamus or
any other writ, direction or order directing 2nd
respondent to consider and pass orders on Ext.P3
and P9 within such time as may be fixed by this
Honourable Court;
vi. issue such other writ, direction or order as
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deemed fit;"
2. When this Writ Petition came up for
consideration, the learned counsel appearing for the
petitioners submitted that, the petitioners will be
satisfied, if a direction is issued to the 2nd
respondent to consider Ext.P9 in the light of Exts.P7
and P10.
3. Heard the learned counsel appearing for
the petitioners and the learned Government Pleader.
4. After hearing both sides, I think, that
prayer can be allowed.
Therefore, this Writ Petition is disposed of with
the following directions:
1. The 2nd respondent is directed to consider
and pass appropriate orders in Ext.P9,
after giving an opportunity of hearing to
the petitioners, as expeditiously as
possible, at any rate, within a period of
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three months from the date of receipt of a
certified copy of this judgment.
2. While deciding the matter, the 2 nd
respondent will also consider the
applicability of Exts.P7 and P10.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nvj
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APPENDIX OF WP(C) 7206/2016
PETITIONER EXHIBITS
EXHIBIT P1- A TRUE COPY OF APPLICATION
DATED 09-09-2013 MADE BY THE 1ST
PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P2- A TRUE COPY OF THE
COMMUNICATION NO. KBT 3/13-14 DATED 23-
10-2013 OF THE 4TH RESPONDENT.
EXHIBIT P3- A TRUE COPY OF THE
APPLICATION MADE BEFORE THE 4TH
RESPONDENT.
EXHIBIT P4- A TRUE COPY OF JUDGMENT DATED
08-08-2014 IN WPC NO. 10127/14.
EXHIBIT P5- A TRUE COPY OF THE ORDER
DATED 19-11-2014 IN R.P.NO. 831/2014 OF
THE HON'BLE HIGH COURT.
EXHIBIT P6- A TRUE COPY OF THE
APPLICATION DATED 23-12-2014 SUBMITTED BY
1ST PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P7- A TRUE COPY OF THE MINUTES OF
THE MEETING OF THE 3RD RESPONDENT HELD ON
11-02-2015.
EXHIBIT P8- A TRUE COPY OF THE
COMMUNICATION NO. 263/15 DATED 10-04-2015
MADE BY THE 5TH RESPONDENT TO THE 4TH
RESPONDENT.
EXHIBIT P9- A TRUE COPY OF REPRESENTATION
DATED 15-05-2015 MADE BY THE 1ST
PETITIONER BEFORE THE 2ND RESPONDENT.
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EXHIBIT P10- A TRUE COPY OF THE MINUTES
OF THE MEETING OF THE 3RD RESPONDENT HELD
ON 21-07-2015.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
