High Court of KeralaWP(C)/32360/2015disposed of

Kerala Hydel Tourism Centre v. The Revenue Divisional Officer

2015-10-26Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 32360 of 2015 (T) ---------------------------- PETITIONER :

---------------- KERALA HYDEL TOURISM CENTRE REPRESENTED BY ITS DIRECTOR, 4TH FLOOR, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM - 695004. BY ADVS.SRI.P.SREEKUMAR SRI.S.PRASANTH SMT.P.M.MAZNA MANSOOR RESPONDENTS :

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1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM - 682030

2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFIER, MUVATTUPUZHA - 686661

3. THE ASSISTANT ENGINEER, BUILDING SECTION, PUBLIC WORKS DEPARTMENT, KOTHAMANGALAM - 686691.

4. THE TAHSILDAR, TALUK OFFICE, KOTHAMANGALAM - 686691. BY GOVERNMENT PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32360 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE ORDER DT 4/2/1980 ISSUED BY THE FOREST DEPARTMENT. P2:

COPY OF THE DEMAND NOTICE ISSUED BY THE GRAMA PANCHATH TO THE ASSISTANT ENGINEER DEMANDING THE PAYMENT OF PROPERTY TAX. P3:

COPY OF THE NOTICE DT 31/8/2015 ISSUED BY THE R4. P4:

COPY OF THE LETTER ADDRESSED TO THE R1 DT 8/9/2015. P5:

COPY OF THE LETTER ADDRESSED TO THE R2 BY THE PETITIONER. P6:

COPY OF THE LETTER DT 31/7/2015 ISSUED T THE PETITIONER. RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32360 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of October 2015

JUDGMENT

The petitioner is an organisation constituted to promote tourism in the hydel areas of the Kerala Electricity Board. The petitioner approaches this Court alleging that an attempt is being made by the 3rd and 4th respondents to construct building in the land belongs to KSEB, in Mannamkandam Village.

2. According to the petitioner, the land in question exclusively belongs to Kerala Electricity Board and the Revenue Authorities have no right over the above said land.

3. This Court is of the view that the 1st respondent District Collector shall take appropriate decision in the matter, after hearing the Kerala State Electricity Board Officials, Petitioner as well as the Revenue Authorities. Needful shall be done within two months on receipt of copy of this Judgment.

This writ petition is disposed of accordingly. Sd/- A.MUHAMED MUSTAQUE JUDGE sm/