State of Kerala vs Mini Benny

Type Court Judgment Court Kerala Decided Dec 04, 2023

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https://sooperkanoon.com/case/1396189

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Citation: sooperkanoon.com/1396189
Court: Kerala High Court
Judge: Honourable the Chief Justice Mr. a.J.Desai,Honourable Mr.Justice V.G.Arun
Decided On: Dec 04, 2023
Case Number: WA/1757/2023

Parties & Advocates

Appellant / Petitioner

State of Kerala

Respondent

Mini Benny

Excerpt

.....p.o., thodupuzha, idukki district (1st petitioner herein)., pin - 685588 5 liz benny d/o.benny sebastian, thengumpallil, muttom p.o., sankarappilly, thodupuzha, idukki district, pin - 685587. by adv. n. james koshythis writ appeal having come up for admission on 04.12.2023, the court on the same day delivered the following: -3-judgmentdated this the 4th day of december, 2023 a. j. desai, c. j. by way of the present appeal filed under section 5 of the kerala high court act, 1958, the original respondents have challenged the judgment dated 10.04.2023 in w. p. (c) no. 9165 of 2023 by which the learned single judge has allowed the writ petition filed by the present respondents directing to complete the proceedings to take over the land belonging to the petitioners in terms of ext. p23 government order.2. learned senior government pleader, on instructions,states that, now the government has decided to take the land for rehabilitation of the scheduled tribes by way of settlement with the owners of the property, i.e. the present respondents. he further states that the amount determined as the value of the land shall be paid to the respondents within a period of two weeks from today. in view of the above statement, the writ appeal is disposed -4- of. the state authority shall pay the amount to the respondents on or before 18.12.2023. pending interlocutory applications, if any, shall stand closed. sd/- a. j. desai chief justice sd/- v. g. arun judge eb -5- appendix of wa 1757/2023 petitioner annexures annexure-r1(a) ttrue copy of the legal opinion dated 18.05.2023 in w.p.(c) no.9165/2023 given by senior government pleader annexure-r1(b) true copy of the order dated 20.09.2023 in cont.case (civil) no.1688/2023 of the hon'ble high court of kerala

Full Judgment

-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 MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, WA NO. 1757 OF 2023 AGAINST THE JUDGMENT WP(C) 9165/2023 OF HIGH COURT OF KERALA APPELLANT/S: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE

(B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,

PIN - 695001 2 THE DIRECTOR SCHEDULED CASTES DEVELOPMENT DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695034 3 THE DISTRICT COLLECTOR COLLECTORATE, KUYILIMALA, IDUKKI DISTRICT, PIN - 4 THE TAHSILDAR CIVIL STATION, NEW BLOCK, THODUPUZHA, IDUKKI DISTRICT, PIN - 685584 5 THE PROJECT OFFICER INTEGRATED TRIBAL DEVELOPMENT PROJECT, MINI CIVIL STATION, NEW BLOCK, THODUPUZHA, IDUKKI DISTRICT, PIN - 685584 6 THE STATE LEVEL EMPOWERED COMMITTEE (SLEC), REPRESENTED BY THE SPECIAL SECRETARY REVENUE (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 -2-

BY ADVS. SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL S. RENJITH, SPL.GP. RESPONDENT/S:

1 MINI BENNY AGED 56 YEARS W/O.BENNY SEBASTIAN, MUNDACKAL HOUSE, PANNIMATTOM P.O., THODUPUZHA, IDUKKI DISTRICT, PIN - 685588 2 PRIYA BENNY D/O.BENNY SEBASTIAN, NAMBIAPARAMBIL HOUSE, KALIYAR P.O., THODUPUZHA, IDUKKI DISTRICT, PIN - 3 MARIYA BENNY, D/O.BENNY SEBASTIAN, ANDOOKUNNEL HOUSE, PAYAPAR P.O., PALA, KOTTAYAM DISTRICT, PIN - 686651 4 ACHU BENNY D/O.BENNY SEBASTIAN, BLK 172, ANG MO KIO AVENUE, 4 KEBUN BARU LINK, 08-571, SINGAPORE-560172, REPRESENTED BY HER MOTHER AND POWER OF ATTORNEY HOLDER, MINI BENNY, AGED 56 YEARS, W/O.BENNY SEBASTIAN, MUNDACKAL HOUSE, PANNIMATTOM P.O., THODUPUZHA, IDUKKI DISTRICT (1ST PETITIONER HEREIN)., PIN - 685588 5 LIZ BENNY D/O.BENNY SEBASTIAN, THENGUMPALLIL, MUTTOM P.O., SANKARAPPILLY, THODUPUZHA, IDUKKI DISTRICT, PIN - 685587. BY ADV. N. JAMES KOSHY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-

JUDGMENT

Dated this the 4th day of December, 2023 A. J. Desai, C. J. By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the original respondents have challenged the judgment dated 10.04.2023 in W. P. (C) No. 9165 of 2023 by which the learned Single Judge has allowed the writ petition filed by the present respondents directing to complete the proceedings to take over the land belonging to the petitioners in terms of Ext. P23 Government Order.

2. Learned Senior Government Pleader, on instructions,

states that, now the Government has decided to take the land for rehabilitation of the Scheduled Tribes by way of settlement with the owners of the property, i.e. the present respondents. He further states that the amount determined as the value of the land shall be paid to the respondents within a period of two weeks from today. In view of the above statement, the writ appeal is disposed -4- of. The State authority shall pay the amount to the respondents on or before 18.12.2023. Pending Interlocutory Applications, if any, shall stand closed. Sd/- A. J. DESAI CHIEF JUSTICE Sd/- V. G. ARUN JUDGE Eb -5- APPENDIX OF WA 1757/2023 PETITIONER ANNEXURES ANNEXURE-R1(A) TTRUE COPY OF THE LEGAL OPINION DATED 18.05.2023 IN W.P.(C) NO.9165/2023 GIVEN BY SENIOR GOVERNMENT PLEADER ANNEXURE-R1(B) TRUE COPY OF THE ORDER DATED 20.09.2023 IN CONT.CASE (CIVIL) NO.1688/2023 OF THE HON'BLE HIGH COURT OF KERALA

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