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JAMAL MARAKKAR, S/O. M.S.MARAKKAR versus THE DISTRICT COLLECTOR, THRISSUR

High Court of Kerala

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JAMAL MARAKKAR, S/O. M.S.MARAKKAR v. THE DISTRICT COLLECTOR, THRISSUR - WP(C) No. 29880 of 2003(F) [2006] RD-KL 2190 (30 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29880 of 2003(F)

1. JAMAL MARAKKAR, S/O. M.S.MARAKKAR,
... Petitioner

2. M.S.MARAKKAR, S/O. SAIDALI,

Vs

1. THE DISTRICT COLLECTOR, THRISSUR.
... Respondent

2. THE ASST.EXECUTIVE ENGINEER,

3. THE TALUK SURVEYOR,

4. TAHSILDAR,

5. THE VILLAGE OFFICER,

For Petitioner :SRI.P.BHASKARAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :30/11/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C).No.29880 OF 2003

Dated this the 30th day of November, 2006



J U D G M E N T

Petitioners approached this court with certain grievances regarding the proceedings taken for eviction. On 10.6.2004, this court passed the following order:

"Ext.P7 is a notice issued to the petitioners to vacate the road puramboke occupied by them. They submit they have preferred Ext.P8 appeal before the District Collector and the same is pending. The 1st respondent has filed a counter affidavit. Along with that Ext.R1(a) is produced. It is an order dismissing the appeal filed by the second petitioner. The sketch prepared by the Survey Department is also produced as Ext.R1

(b). As per that it can be seen that the second petitioner has made encroachment, which is marked as 'G' in the sketch. Since the second petitioner's appeal has already been dismissed, there is no justification for continuing the interim order against Ext.P7. Accordingly, it is vacated". In case the petitioners are still aggrieved, it is for them to pursue the matter before the Commissioner, Land Revenue. Without prejudice to such liberty this writ petition is dismissed.

(KURIAN JOSEPH, JUDGE)

ps


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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