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High Court of KeralaWP(C)/28703/2014disposed of

Youth Voice Arts And Sports Club v. State Of Kerala

2015-10-13Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 WP(C).No. 28703 of 2014 (K) ---------------------------------------- PETITIONERS:

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1. YOUTH VOICE ARTS AND SPORTS CLUB, REG.NO.22/11, AMBADIKULAM.P.O, PULLAZHY, OLARIKKARA, THRISSUR, REPRESENTED BY ITS SECRETARY.

2. T.K.VASU, AGED 67 YEARS, S/O.KARAPPAN, THEKKOOTTU VEEDU, PULLAZHY.P.O, OLARIKKARA, THRISSUR.

BY ADVS.SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA SRI.P.K.RAKESH KUMAR SRI.K.S.MIZVER RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE (L) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

2. SECRETARY, EXCISE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

3. DISTRICT COLLECTOR, THRISSUR.

4. DEPUTY COLLECTOR, THRISSUR.

5. THRISSUR MUNICIPAL CORPORATION, AYYANTHOLE, REPRESENTED BY SECRETARY.

R1-4 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN R5 BY SRI.K.P.VIJAYAN,SC, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 28703 of 2014 (K) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 COPY OF THE RESOLUTION OF THRISSUR CORPORATION DATED -13-9-2010 EXT.P2 COPY OF THE ORDER BEARING G.O.(MS)NO.116/2010/REVENUE DATED 29-3-2010 EXT.P3 COPY OF THE MEMORANDUM TO 1ST RESPONDENT DATED 20-10-2011 BY THE IST PETITIONER EXT.P4 COPY OF THE LETTER BEARING NO.68361/L3/2011/REVENUE DATED 2-12-2011 EXT.P5 COPY OF THE LETTER OF THRISSUR MAYOR DATED 14-12-2012 TO REVENUE MINISTERY EXT.P6 COPY OF THE ORDER OF ASST.ENGINEER,AYYANTHOLE ZONAL DATED 1-3-2012 BEARING NO.AYYANTHOLE/PW/DW.6/26749/11 EXT.P7 COPY OF THE REPORT IN MATHRUBHUMI NAGARAM DATED 18-2-2013 EXT.P8 COPY OF THE REPORT IN MALAYALA MANORAMA METRO DATED 23-2-2013 EXT.P9 COPY OF THE REQUEST OF THE 2ND PETITIONER TO THE 3RD RESPONDENT DATED 07-10-2014.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.28703 of 2014 ****************************************************************************** Dated this the 13th day of October, 2015

JUDGMENT

This writ petition is filed against the conversion of public playground extending around 75 cents in Aranattukara Village to the Excise Department.

2.

Today, the petitioners placed before me the proceedings of the Deputy Collector(Land Acquisition) dated 13.7.2015. This would show that there was an agreement before the District Collector whereby it was agreed to keep aside 47 1⁄2 cents land for play ground and the remaining land for the purpose of Excise Department.

In that view of the matter, the District Authorities are free to make such arrangement based on the agreement arrived between the parties. The Excise Department is also free to undertake construction based on the above agreement.

This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln