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High Court of KeralaWP(C)/19668/2015disposed of

M/S. Confident Projects v. The District Collector

2015-07-15Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 WP(C).No. 19668 of 2015 (G) ---------------------------- PETITIONER(S):

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1. M/S. CONFIDENT PROJECTS INDIA PVT. LTD, CONFIDENT HOUSE, 868/2, S.A.ROAD -VYTTILA KOCHI 19, REPRESENTED BY ITS MANAGING DIRECTOR T.A.JOSEPH, AGED 51 YEARS, S/O.LATE ALEXANDER THERUVIPARAMBIL 33/2652D, THERUVIPARAMBIL HOUSE, VENNALA PO, KOCHI , ERNAKULAM.

2. DR.ASHOK KUMAR, AGED 65 YEARS, S/O.VAGEESWARI AMMA 'KARMA', T.C.17/411 , POOJAPPURA PO, SASTHAMANGLAM VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT(S):

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1. THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION THIRUVANANTHAPURAM 695001.

2. THE REVENUE DIVISIONAL OFFICER THIRUVANANTHAPURAM 695001.

3. THE ADDITIONAL TAHSILDAR TALUK OFFICE, THIRUVANANTHAUAM 695 001.

4. THE VILLAGE OFFICER KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM 695 001. BY SR. GOVERNMENT PLEADER BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

vmr.

WP(C).No. 19668 of 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF THE JUDGMENT DATED 1.7.2014 IN WP(C) NO.3546/2014 OF THIS HONOURABLE COURT.

P2- TRUE COPY OF THE TAX RECEIPT EVIDENCING THE PAYMENT OF TAX IN RESPECT OF FIRST PETITIONER'S PROPERTY.

P3- TRUE COPY OF THE TAX RECEIPT EVIDENCING THE PAYMENT OF TAX IN RESPECT OF SECOND PETITTIONER'S PROPERTY.

P4- TREU COPY OF THE RELEVANT PAGE OF DATA BANK EXTRACTS. P5- TRUE COPY OF THE ORDER DATED 7.7.1995 OF LOCAL ADMINISTRATION DEPARTMENT.

P6- TRUE COPIES OF THE PHOTOGRAPHS EVIDENING THE NATURE AND LIE OF PETITIONER'S PROPERTIES AS WELL AS THE NEIGHBOURING PROPERTIES. P7- RUE COPY OF THE APPLICATION SUBMITTED BY HTE FIRST PETITIONER BEFORE THE FIRST RESPONDENT ON 30.3.2015 P8- TRUE COPY OF THE APPLICATION SUBMITTED BY SECOND PETITIONER BEFORE FIRST RESPONDENT ON 30.3.2015.

P9- TRUE COPY OF THE REPORT DATED 16.4.2015 PERTAINING TO THE PROPERTY OF THE FIRST PETITIONER.

P10- TRUE COPY OF THE REPORT DATED 16.4.2015 PERTAINING TO THE PROPERTY OF THE SECOND PETITIONER.

P11- TRUE COPY OF THE COMMUNICATION DATED 8.6.2015 OF THE 1ST RESPONDENT PERTAINING TO PROPERTY OF PETITIONERS. RESPONDENT(S)' EXHIBITS :

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

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 19668 of 2015 (G) ------------------------------------------ Dated this the 15th day of July, 2015

J U D G M E N T

The petitioners have filed applications under Clause 6 of the Kerala Land Utililization Order, 1967 (for brevity 'KLU Order'), which is evidenced at Exts.P7 and P8. 2.

The petitioners submit that the report of the Village Officer, evidenced at Exts.P9 and P10, are in favour of the petitioners. The 1st respondent before whom the applications are filed has forwarded the same to the 2nd respondent R.D.O., who is the authority under the KLU Order by Ext.P11. 3.

In such circumstance, the petitioners shall be issued with notice within a month from the date of production of the certified copy of judgment and the matter shall be considered within one month from the date of hearing, which shall be afforded to the petitioners as per the notice. Writ Petition is disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj