Court : Kerala
Ashok Bhushan, C.J. 1. The Range Officer/Authorised Officer, Kerala Forest Department and the Tahsildar, Devikulam, who were respondents 1 and 2 in W.P(C) No.29534 of 2015 have come up in appeal against the judgment dated 26.10.2015 in the aforesaid Writ Petition by which judgment, the learned Single Judge has permitted the petitioner to cut and remove 9 planted Eucalyptus trees from 25 cents of land in R.S. No.49/1-1, Block No.14 of Pallivasal Village. 2. Brief facts of the case as emerged from the pleadings on record are: Petitioner is a partnership firm engaged in business of running hotel, hospitality management, etc. For establishing a hotel in Munnar, petitioner purchased 25 cents of land in R.S. No.49/1-1 by sale deed dated 06.05.2015. The previous owner of the property was given no objection certificate by the Pallivasal Grama Panchayat on 24.01.2007 for construction of a building in the said property. In the property there were 9 Eucalyptus trees planted by the previous owner....
Tag this Judgment!Court : Kerala
Reported in : (1960)ILLJ777Ker
T.K. Joseph, J.1. This is a petition under Article 226 of the Constitution for a writ of certiorari or other appropriate writ, direction or order quashing an order, Ex. P. 5, passed by the respondent 1, the Inspector, under Section 3 and Rule 7 of the Kerala Industrial Establishments (National and Festival Holidays) Act XLVII of 1958. The petitioner is the general secretary of the Tomco Employees' Union, Ernakulam, and four respondents are:(1) the assistant labour officer,(2) the manager, Tata Oil Mills Company, Ltd.,(3) the secretary, Tata Oil Mills, Workers' Union, Ernakulam, and(4) the secretary, Tata Oil Mills Company, Ltd., Staff Association, Ernakulam.2. The facts may be briefly stated: The petitioner is the general secretary of the Tomco Employees' Union, a trade union registered under the Indian Trade Unions Act, A section of the workers in the Tata Oil Mills Company, Ltd., at Ernakulam are members of this union. Under the standing orders of the company, copy of which has been ...
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT193
Thomas P. Joseph, J.1. The substantial question of law framed for a decision is whether Section 7B of the Indian Telegraph (Amendment) Act, 1957 (for short, 'the Act') which provides for arbitration of disputes concerning telegraph line, appliance or apparatus arising between the Telegraph Authority and the person for whose benefit the line, appliance or apparatus is or has been provided, ousted jurisdiction of the Civil Court to entertain a challenge to the validity of bills issued by the Telegraph Authority concerning the telephone apparatus thus provided2. Short facts are: Appellant is a subscriber of telephone No. 832031 under the Edakkad Telephone Exchange, she having obtained it on transfer from Alakkal Vijayan with effect from 27.1.1995. She was issued with bills dated 1.4.1995,1.6.1995,1.8.1995 1.10.1995 and 1.12.1995 and a revised bill in respect of last of those bills, admittedly concerning the said telephone connection given to the appellant. She instituted the suit in the c...
Tag this Judgment!Court : Kerala
Reported in : 2012(3)ILR(Ker)528; 2012(3)KLT709
1. A common question arises for consideration in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. WP(C) No.15448 of 2008 is treated as the main case and unless otherwise specified, the documents referred to are those produced therein. 2. The petitioner in these writ petition belong to Wayanad district. All of them claim to be members of the Pathiyan community, which is a scheduled caste in the State of Kerala. The petitioners applied to the Tahsildar, Sultan Bathery Taluk for the issuance of a caste certificate to the effect that they belong to the Pathiyan community which is recognized as a scheduled caste in the State of Kerala. He in turn informed them that persons belonging to the Pathiyan community in Wayanad district are not members of a scheduled caste community, but are included only in the list of Other Eligible Communities and therefore, they should move the Village Officer concerned for caste certificates. The petiti...
Tag this Judgment!Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
SHRI. M.K. ABDULLA SONA : MEMBER This appeal prefers from the order passed by the CDRF, Kottayam in CC No. 340/09 dated: 15.3.2011. The appellant who prefers this appeal from the order passed by the Forum below that the Forum below dismissed the complaint. The complainant in the OP is the appellant and the respondents are the opposite parties in the above said OP. 2. In short, the complainant is the Chairman of the Rural Development Centre, a Charitable Organization who availed two electric connections from opposite parties bearing Nos. 7764 and 10906. In the aforesaid Nos, a ladies hostel by the said charitable organization is functioning. The monthly bills are being paid without any default. Due to the enmity of same officials of KSEB towards the complainant, the 2nd opposite party issued a bill for Rs. 27,098/- . The said connection is having no electricity charge arrears, but it was wrongfully stated in the bill that there existed arrears amounting to Rs. 25,918/-. The complainant ...
Tag this Judgment!Court : Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN MONDAY,THE6H DAY OF JANUARY201416TH POUSHA, 1935 Mat.Appeal.No. 10 of 2005 (E) ------------------------------ AGAINST THE ORDER/JUDGMENT IN OP3801998 of FAMILY COURT,THRISSUR DATED2106-2004 APPELLANT/2ND COUNTER PETITIONER:: -------------------------------------------------------- KUNJU MOHAMMED, AGED44YEARS, S/O.ALI VADAKKEPPAD HOUSE, PAZHANJI, KATTAKAMBAL THALAPPILLY TALUK, PRESENT ADDRESS:, V.A.KUNJUMOHAMMED, S/O.ALI WARD III, HOUSE NO.234, KALLUPURAM KADAVALLUR PANCHAYATH, THRISSUR DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S)/PETITIONER/1ST COUNTER PETITIONER:: ----------------------------------------------------------------------------------- 1. JAMES AGED50YEARS, S/O.CHEERAN VAREEKKUTTY, CHEERAN HOUSE, P.O.WEST MANGANADU PAZHANJI VAZHI, MANGADU VILLAGE, THALAPPILLY TALUK. *2. SAJINI @ SAJANA, AQGED36YEARS, D/O.THANATHARA JOHN, THANATHARA H...
Tag this Judgment!Court : Kerala
Reported in : [2007]8STT33; (2007)7VST323(Ker)
K. Balakrishnan Nair J.1. The constitutional validity of Sub-section (16A) of Section 47 of the Kerala Value Added Tax Act, 2003 and the sustainability of two circulars issued by the Commissioner of Commercial Taxes under the said provision are the points, that arise for decision in these writ petitions. Since same points arise for decision in all these writ petitions, they are heard and disposed of by this common judgment. W.P. (C) No. 2844 of 2007 is treated as the main case.W.P. (C) No. 2844 of 2007:2. The petitioner, which is a firm, is a dealer in glass sheets. It is an asses-see on the files of the third respondent, Sales Tax Officer, Manjeri, under the Kerala Value Added Tax Act, 2003 (hereinafter referred to as 'the KVAT Act') and the Central Sales Tax Act, 1956. The fourth respondent, Commissioner of Commercial Taxes issued Circular No. 50 of 2006, in exercise of his powers under Clause (c) of Sub-section (2) of Section 3 read with Sub-section (16A) of Section 47 of the KVAT A...
Tag this Judgment!Court : Kerala
Reported in : 2007(2)KLJ795
K.S. Radhakrishnan, J.1. Writ Petition has been preferred by the Manager of an aided college along with the Parent Teacher Association seeking a declaration that Section 57(1) incorporated by 'the University Laws (Amendment) Act 2005' and the guidelines issued by the Government vide Ext.P17 G.O.Ms. No. 95/2006H. Edn dated 10-8-2006 are invalid and ultra vires of the Constitution of India and contrary to the Direct Payment Agreement and also for a direction to the first respondent to issue staff Fixation order in view of Exts.Pl(a), P4, P6 and P7 and Ordinances relating to the workload and staff pattern of Teachers. Petitioners have also prayed for a direction to respondents 1 and 2 to depute University and Government nominees so as to constitute the Selection Committees and to effect appointments to the vacant posts.2. The impact of the University Laws (Amendment) Act, 2005 by which Sub-section (1) was inserted to Section 57 of the Kerala University Act, 1974 and to other similar Unive...
Tag this Judgment!Court : Kerala
Reported in : 2007(2)KLJ653
K. Thankappan, J.1. The accused in S.C. No. 412 of 2001 on the file of the Additional Sessions Court (trial of Abkari Act Cases), Neyyattinkara is the appellant. He faced trial for the offence punishable under Section 58 of the Abkari Act.2. The prosecution case against the appellant was that on 19-8-1997 while the Assistant Excise Inspector of Amaravila Excise Range was on patrol duty, he found the accused in possession of 5 litres of arrackin ablack jerry can at Vellarada Kudappanamoodu-Kuttappu road near Kuttappu junction, Kovilloor Desom. To prove the case against the accused, the prosecution examined PWs. 1 to 6 and produced Exts.P 1 to P7 as well as MO. 1 can. On the side of the defence, DW.1 was examined, but no documents were produced. After closing the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. Denying the allegations levelled against him, the accused stated that the excise officials had foisted the case against him. However, after considering t...
Tag this Judgment!Court : Kerala
Reported in : AIR2008Ker84; 2008(1)KLJ162; 2008(1)KLT331
Kurian Joseph, J.1. The need for and role of conciliation for reconciliation and settlement in disputes relating to marriage and family affairs pending before the Family Courts is the crux of the subject matter arising in this appeal. In the process, a noval question to be decided is, whether conciliation is mandatory after the introduction of the Family Courts Act in a petition under Section 13 of the Hindu Marriage Act even on the excepted grounds of conversion to another religion, renunciation of the world, mental disorder, venereal diseases and leprosy.2. The respondent-husband approached the Family Court, Thrissur under Section 13 of the Hindu Marriage Act, 1955 seeking a decree of divorce on the ground that the appellant-wife had ceased to be Hindu by conversion to another religion. On appearance of the appellant and on the mere admission of such fact, the Family Court granted a decree of divorce. Aggrieved, the appeal at the instance of the wife contending mainly that by convers...
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