High Court of KeralaWP(C)/2097/2014disposed of

Baby v. State Of Kerala

2015-02-05Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 2097 of 2014 (J) --------------------------- PETITIONER(S):

----------------- BABY, AGED 73 YEARS S/O. LATE AVARA, KOLARICKAL HOUSE, PUTHAMPALLY VARAPUZHA, ERNAKLAM-683517.

BY ADVS.SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO REVENUE, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE MANAGING DIRECTOR KOCHI METRO RAIL, KOCHI METRO RAIL REGISTERED OFFICE AT 8TH FLOOR, REVENUE TOWERS PARK AVENUE, KOCHI-682 011.

3. THE DISTRICT COLLECTOR, KAKKANADU.P.O., ERNAKULAM-682 013.

4. THE TAHSILDAR KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM-682011. R2 BY ADV. SRI.K.JAJU BABU (SR.) R2 BY ADV. SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD. R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2097 of 2014 (J) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1 TRUE COPY OF THE NOTICE ISSUED BY THE ADDITIONAL TAHSILDAR KANAYANNUR TALUK DATED 12.12.2013.

EXT.P2 TRUE COPY OF W.P.(C) NO.31100 OF 2013 FILED BEFORE THE HON'BLE HIGH COURT OF KERALA.

EXT.P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.31100/2013 DATED 16.12.2013 OF THE HON'BLE HIGH COURT.

EXT.P4 TRUE COPY OF THE ORDER DATED 26.12.2013 OF THE FOURTH RESPONDENT.

EXT.P5 TRUE COPY OF W.P.(C) NO.185/2014 WITHOUT THE EXHIBITS FILED BEFORE THE HON'BLE HIGH COURT OF KERALA.

EXT.P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.185/2014 DATED 2.1.2014 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P7 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 4 DATED 3.1.2014.

EXT.P8 TRUE COPY OF THE MAHAZAR PREPARED BY THE VILLAGE OFFICER ERNAKULAM DATED 7.1.2014.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.2097 of 2014 --------------------- Dated this the 5th day of February, 2015

J U D G M E N T

The petitioner was an occupier of Government land conducting a nursery. The petitioner contends that the occupation was legal and that he was issued a licence. The second respondent refutes the claim contending that the petitioner is a ranked trespasser.

2. Ext.P7 representation has been submitted by the petitioner to the third respondent and others. The petitioner has sought compensation in addition to allocation of alternate site therein.

3. I direct the third respondent to consider Ext.P7 representation with notice to the petitioner as well as the second respondent. The needful shall be done within a period of two months from the date of production of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.