M/S. Falcon Infrastructure Limited v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12029 of 2015 (C) ------------------------------------------- PETITIONER(S) :

------------------------- M/S. FALCON INFRASTRUCTURE LIMITED, P.B.NO.4030, PUTHIYA ROAD JUNCTION, UDYOGAMANDAL P.O, COCHIN- 683 501, REPRESENTED BY ITS MANAGING DIRECTOR, N.A.MOHAMMEDKUTTY.

BY ADVS.SRI.P.B.KRISHNAN SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH RESPONDENT(S) :

---------------------------- 1.

STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF LAND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2.

THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU, ERNAKULAM, PIN- 682 030.

3.

THE TAHASILDAR, TALUK OFFICE, PARAVUR, ERNAKULAM DISTRICT.

4.

THE TALUK LAND BOARD, PARAVUR REPRESENTED BY ITS CHAIRMAN & DEPUTY COLLECTOR (LR), COLLECTORATE, ERNAKULAM, PIN- 682 030. BY SR.GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 12029 of 2015 (C) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF PURCHASE OF THE PROPERTIES.

EXHIBIT P2: THE PHOTOGRAPHS SHOWING THE PRESENT STATUS OF THE PROPERTIES.

EXHIBIT P3: TRUE COPY OF THE APPLICATION DATED 27.09.2014. EXHIBIT P4: TRUE COPY OF THE NOTICE IN CELLING CASE NO.SM/03/2014/PRR/14 DATED 22.11.2014.

EXHIBIT P5: TRUE COPY OF THE OBJECTION DATED 25.02.2015. EXHIBIT P6: TRUE COPY OF THE NOTIFICATION BEARING 10/2007 DATED 18.12.2007.

EXHIBIT P6(A): NOTIFICATION BEARING NO.09/2011 DATED 16.12.2011. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 12029 of 2015 -------------------------------------------- Dated this the 10th day of April, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i. Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to consider and pass orders on Ext.P3 application submitted by the petitioner, within a time frame, which this Honourable Court may deem fit. ii. Issue a writ of mandamus or any other appropriate writ or order or directing the 4th respondent to keep in abeyance all proceedings in Ext.P4, until the 1st respondent takes a final decision on Ext.P3 application."

The learned counsel for the petitioner submits that the grievance of the petitioner has also been projected by way of Ext.P3 application and the prayer is only to cause the same to be considered and disposed of within a reasonable time.

2. Heard the learned Government Pleader as well.

3. After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P3 after giving an opportunity of hearing to the petitioner and other interested parties, if any, at the earliest, at

W.P.C. No. 12029 of 2015 -2any rate, within 'three months' from the date of receipt of a copy of this judgment. 'Status quo' shall be maintained till such time. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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