Joys The Beach Resort Pvt Ltd v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 32383 of 2015 (W) ---------------------------- PETITIONER:

------------------ JOYS THE BEACH RESORT PVT. LTD., ADIMALATHURA, CHOVARA (PO), KOTTUKAAL VILLAGE, NEYYATTINKARA, REPRESENTED BY ITS MANAGING DIRECTOR T.C. PAUL BY ADV. SRI.G.S.REGHUNATH RESPONDENTS:

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1. THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT(REVENUE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

2. REVENUE DEIVISIONAL OFFICER THIRUVANANTHAPURAM-695 001

3. ADDITIONAL TAHASILDAR, TALUK OFFICE, NEYYATTINKARA, TRIVANDRUM-695 121

4. VILLAGE OFFICER, KOTTUKAAL, NEYYATTINKARA, TRIVANDRUM-695 121 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32383 of 2015 (W) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 :

TRUE COPY OF THE BASIC TAX RECEIPTS ISSUED IN THE NAME OF PETITIONER EXT.P2 :

TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER EXT.P3 :

TRUE COPY OF THE NOTICE DT. 26/12/01 ISSUED BY SECRETARY, KOTTUKAAL GRAMA PANCHAYATH TO THE PETITIOENR EXT.P4 :

TRUE COPY OF THE NOTICE DT. 9/7/09 ISSUED BY SECRETARY, KOTTUKAAL GRAMA PANCHAYAT TO THE PETITIOENR EXT.P5 :

TRUE COPY OF THE NOTICE DT. 21/1/10 ISSUED BY SECRETARY,KOTTUKAAL GRAMA PANCHAYAT TO THE PETITIOENR EXT.P6 :

TRUE COPY OF THE REPLY DT. 3/2/210 SENT BY PETITIONER TO EXT. P5 EXT.P7 :

TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DT. 23/3/15 EXT.P8 :

TRUE COPY OF THE DETAILED REPLYSENT BY PETITIONER TO EXT. P7 NOTICE DT. 9/4/15 EXT.P9 :

TRUE COPY OF THE NOTICE DT. 31/8/15 ISSUED BY 3RD RESPONDENT EXT.P10 :

TRUE COPY OF THE APPEAL NO. 18242/15 FILED BY PETITIONER BEFORE THE 2ND RESPONDENT EXT.P11 :

TRUE COPY OF THE LETTER SENT BY PETITIONER TOT HE 3RD RESPONDENT DT. 23/9/15 EXT.P12 :

TRUE COPY OF THE NOTICE FROM THE 3RD RESPONDENT DT. 14/10/15 RESPONDENT(S)' EXHIBITS :NIL /TRUE COPY/ P.A. TO JUDGE.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 32383 of 2015 ================== Dated this the 18th day of November, 2015

J U D G M E N T

The petitioner is a private limited company. The petitioner has been served with an order under the Land Conservancy Act. The petitioner challenged the order before the Revenue Divisional Officer, Thiruvananthapuram. Ext.P10 is the copy of the appeal filed by the petitioner and the appeal is pending. 2.

In the meanwhile the petitioner has been served with a notice by the Additional Tahsildar for determining and demarcating the Government land. The petitioner challenges this notice.

3.

This Court is of the view that the petitioner shall co-operate with Ext.P12 notice issued by the Additional Tahsildar. However the Additional Tahsildar shall not enforce the decision pursuant to Ext.P12 notice till the disposal of the appeal by the Revenue Divisional Officer.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE