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Mariam Beevi Vs. The Secretary, Athirampuzha Grama Panchayath

Court : Kerala

..... since much emphasis has been laid on the kerala land relinquishment act, 1958, it is apposite to refer to the same as well. ..... according to him, unless the owners of the property, in the present instance the petitioner and 6 others, relinquish the right in the prop- erty under the provisions of the kerala land relinquish- ment act, 1958, the grama panchayat would not get any manner of right over the pathway. ..... - (1) notwithstanding anything contained in the kerala land conservancy act 1957 (8 of 1958), or in any other law for the time being in force, all public roads other than those classified by the government, national highway, state highway or major district roads, bridges, culverts, ditches, dykes, fences on or beside the same protective devices and all adjacent land, not being private property appertaining thereto, within the panchayat area, i.e. ..... it is evident from the above statutory scheme that the kerala land acquisition act, 1958, essentially deals with agricultural lands. ..... as the long cause title of the act suggests, it is an act to make provision for the relinquishment of lands in the state of kerala in favour of the government. .....

R. Natarajan Vs. the Village Officer and Others

Court : Kerala

..... sri.p.b.sahasranaman, learned counsel appearing for the petitioner contended that the revenue divisional officer, fort cochin, should have, on receipt of ext.p1 application, conducted an enquiry after following the procedure prescribed in the kerala land relinquishment act, 1958 and the rules framed thereunder and after the expiry of the period stipulated for submission of objections, passed an order either rejecting or accepting the application and that having not been done, the consequence mentioned in section 4c of the kerala land relinquishment act, 1958, namely vesting of the land surrendered, did not take place. ..... though the respondents do not dispute the fact that ext.p1 application was made by the petitioner's father expressing willingness to surrender land for widening and development of thammanam - pulleppady road, they have no answer to the contention raised by the petitioner that no enquiry under section 4c of the kerala land relinquishment act, 1958 was held and an order was not passed and therefore the consequences mentioned in section 4c of the act do not follow ..... the petitioner's father had not placed any restrictions as to the time or mode of user of the land surrendered by him and the surrender was unconditional though it was not formally accepted, i am of the opinion that he could not have done anything inconsistent with the public right of passage over the land in respect of which ext.p1 application was submitted under the kerala land relinquishment act, 1958. .....

Sunil Mathew Vs. State

Court : Kerala

..... the thrust of the argument by the learned counsel for the appellants is to the effect that when a property is relinquished in favour of the government it should be under the kerala land relinquishment act 1958 and it shall be through document. ..... though the government was not a party to the proceedings the defence in the said case was that as early as in the 1966 there had been relinquishment of the property in favour of the government and in pursuance of the same the government had been in possession and the panchayath authority had initiated steps to construct a primary health centre and therefore the plaintiffs who are claiming to have right over the property under ext.a1 doest not have any title to this property. ..... but the principle of absolute estoppal is writ large on this case because the plaintiffs have filed the suit for damages caused to the property on the strength of the title and in that case a competent court of jurisdiction had found in favour of relinquishment in favour of the government and held that the plaintiffs have no title to the property. ..... so the case of relinquishment set up by the government in 1966 is valid followed by a decision of the panchayath in the year 1968 and there is an admission by the plaintiffs' family regarding governmental possession in the year 1973 and also in the suit in 1986 wherein it is stated that the property is in possession of the government. .....

Mjor Babu Thomas Vs. State of Kerala

Court : Kerala

..... in the proceedings under the kerala land relinquishment act, 1958 (for short, the 'act'), as reflected in ext.p5 proceedings, an extent of 14.17 ares of land comprised in block-29, re-survey no.49/9 of cherthala south village, cherthala taluk has been surrendered by the sixth respondent to the government for the purpose of establishment of arthungal police station ..... ext.p4: true copy of the application for relinquishing land. ..... according to the petitioner, he is aggrieved since the right of access will be affected by such relinquishment. ..... the relinquishment has been accepted as per ext.p5 by the third w.p ..... the state of kerala, represented by the chief secretary to government, government of kerala, thiruvananthapuram-695001.2 ..... in the high court of kerala at ernakulam present: the honourable mr.justice a.muhamed mustaque friday, the31t day of january201411th magha, 1935 wp(c).no.1873 of 2014 (h) --------------------------- petitioner: ---------- major babu thomas(retired), aged65years, s/o.k.g.varghese, koilparambil, good shepherd's bungalow, arthinkal p.o ..... the petitioner, a neighbouring resident, who claims to have a right of access through the said property, filed ext.p9 appeal aggrieved by ext.p5 in terms of section 4 of the act. ..... of 2014 ~~~~~~~~~~~~~~~~~~~~~~~~~ dated this the 31st day of january, 2014 judgment this writ petition is filed seeking a relief against the second respondent to consider and pass orders on ext.p9 appeal filed by the petitioner before the second respondent.2. .....

State of Kerala Vs. Major Babu Thomas

Court : Kerala

..... was inter alia contended by the respondents that a portion of the property was surrendered by the 6th respondent, namely; the appellant in w.a.no.1150 of 2014 to the government under the kerala land relinquishment act, 1958. ..... as far as the apprehension expressed by the writ petitioner is concerned, the learned special government pleader appearing on behalf of the appellants in w.a.no.1112 of 2014 submits that since the matter is pending before the supreme court, the state and its authorities are ready and willing to maintain status quo for a period of 15 days to enable the writ petitioner to prefer a revision before the land revenue commissioner.8. ..... learned counsel for the writ petitioner submits that the petitioner intends to prefer a further appeal/revision before the land revenue commissioner, for which, time is required and in the mean time, if any attempt is made by the appellants in w.a.no.1112 of 2014 to change the status quo, it may affect their interest as ..... contending that the petitioner has easement right in respect of the said portion of the land, he had filed an appeal before the district w.a.nos.1112 & 1150 of ..... r1(e) :- true copy of application dated1810.2014 under the right to information act and the reply dated711.14 from alappuzha district collector along with translation ..... in the high court of kerala at ernakulam present: the honourable the chief justice mr.ashok bhushan & the honourable mr.justice a.m.shaffique wednesday, the16h day of september201525th bhadra, .....

Rama Naik Vs. Commissioner, Land Revenue

Court : Kerala

..... judgment the petitioners challenge the alleged relinquishment of land made by the first petitioner under the land relinquishment act, 1958, kerala (for brevity, act, 1958). ..... rule 4 of the kerala land relinquishment rules, 1958 prescribes that such application shall be presented either in person or through registered post to the revenue divisional officer. ..... could not have passed an order under the land relinquishment act, specifically under section 4.4. ..... the learned government pleader on the basis of the files, which were directed to be produced, contends that the first petitioner had executed a valid relinquishment under the act of 1958 on 09.09.1998 in the form prescribed, before the village officer, kudlu and the same was witnessed by the petitioner's son w.p(c). ..... further it is contended that the land relinquished would vest in the government only when an application for relinquishment of the land is accepted in consequence of an order passed by the revenue divisional officer under section 4 or the collector under section 4a. ..... " the provisions of the relinquishment act too does not provide for any consequence in the event of an order being not passed under s.4; nor does it provide for an outer limit within which time an order of acceptance can be passed. ..... it was found that the relinquishment could be made only under the provisions of the act of1958 and though annexure iv declaration was made by the land owner, the panchayat had not forwarded it to the competent authority. .....

Rosakutty P.J Vs. District Collector,

Court : Kerala

..... issue a writ of mandamus directing the respondents 6 and 7 to finalise the proceedings relating to the acceptance of the relinquishment under ext.p1 and p2 and to take possession of the property so relinquished, in compliance with rules 9 and 10 of the kerala land relinquishment rules, 1958;" 2. ..... this writ petition (civil) having been finally heard on2210-2013, the court on the same day delivered the following: appendix petitioner's exhibits exhibit-p1 - a true copy of the land relinquishment form submitted to the3d respondent dated269-1983. ..... exhibit-p2 - a true copy of the land relinquishment form submitted to the3d respondent dated269-1983. ..... issue a writ of mandamus directing the 2nd respondent to identify and demarcate the property relinquished as per ext.p1 and p2 with the aid of old survey plan existed as on the date of such relinquishment, and the settlement register, within a time limit to be specified by this hon'ble court; ii. ..... in the high court of kerala at ernakulam present: the honourable mr.justice a.m.shaffique tuesday, the22d day of october201330th aswina, 1935 wp(c).no. .....

Raja Sahib of Nalagarh Vs. the Punjab State and ors.

Court : Delhi

Reported in : AIR1969Delhi194

..... judgment, expressed their view thus:'on these considerations, it may be contended that segregation of tenants of public properties and premises from the tenants of private property is based on justifiable reason and that such segregation has a rational nexus with the object and policy of the act assuming that such classification is valid, the complaint of the appellants is that section 5 of the act makes discrimination amongst those in occupation of public properties and premises inter se and that such discrimination has no valid basis ..... as a result of this relinquishment, the land vested in the panchayats of the villages concerned. ..... use and occupation of any public premises, the collector shall take into consideration the following; matters, namely- (a) the purpose and the period for which the public premises were in unauthorised occupation; (b) the nature, size and standard of the accommodation available in such premises; (c) the rent that would have been realised if the premises had been let on rent for the period of unauthorised occupation to a private person; (d) any damage done to the premises during the period of unauthorised occupation; (e) any other matter ..... on 14-6-1958, one smt. .....

Abdul Kareem Vs. the District Collector, Thrissur

Court : Kerala

..... :: mahallu committee has taken a decision pursuant to the general body convened and based on the decision of the general body, the property having an extent of 1.50 cents of land was relinquished in favour of the government in terms of the kerala land relinquishment act and the relevant provisions. ..... on the other hand, the learned government pleader submits that the proceedings initiated by respondents 1 to 4 is under the kerala land relinquishment act and that based on the relinquishment of land by competent persons in favour of the government, the work in question has been commenced and it is in progress. ..... if the petitioners have any grievance against the relinquishment of land in favour of the government, they have had statutory remedies in terms of the provisions under the kerala land relinquishment act. ..... the property is now, according to the government, vested with the government under the kerala land relinquishment act. ..... along with the statement, relinquishment letter executed by the president and vice president and the land relinquishment form etc. ..... we do not think it appropriate to look into those factual aspects because of the reason that the work initiated by the government is based on the relinquishment of the land in favour of the government. ..... section 91 of the wakf act contemplates issuance of notice to the kerala state wakf board before acquisition of a wakf property. .....

Rourkela Local Displaced Association and ors. Vs. State of Orissa and ...

Court : Orissa

Reported in : 107(2009)CLT269

..... some writ petitions were filed and the high court declared the executive action as invalid in the light of the kerala government land assignment act, 1960 and pointed out that the assignment was in contravention of the act. ..... if it is decided to relinquish the land, the revenue department will issue orders to the board of revenue for the resumption of the land and its disposal according to the rules. ..... with the proposal should be sent a plan showing the land which it is proposed to relinquished on the same scales as the plan of the original acquisition of the land. ..... in the event of government having no objection to the sale of the site the sale should be conducted by the collector, who is the recognized authority for conducting sale in the district on receipt of a formal requisition from the postmaster general.relinquishment cases should be treated as distinct cases of the land acquisition department.8. ..... proposals for relinquishment of lands should be submitted to government in the administrative department concerned, which will refer them to the revenue department stating that as far as they are concerned the land is no longer required. ..... in the instant case, no proposal for relinquishment of the land has yet been submitted. ..... all lands, which have been permanently acquired for public purpose by government in any department whether by private purchase or compulsory acquisition and are no longer required, shall be relinquished. .....