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JOY, S/O. JOSEPH versus ASSISTANT ENGINEER

High Court of Kerala

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JOY, S/O. JOSEPH v. ASSISTANT ENGINEER - WP(C) No. 33260 of 2003(H) [2006] RD-KL 3537 (15 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33260 of 2003(H)

1. JOY, S/O. JOSEPH,
... Petitioner

Vs

1. ASSISTANT ENGINEER,
... Respondent

2. THE DISTRICT COLLECTOR, KANNUR.

3. STATE OF KERALA,

For Petitioner :SMT.K.V.BHADRA KUMARI

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :15/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C).No.33260 OF 2003

Dated this the 15th day of December, 2006



J U D G M E N T

The writ petition is filed mainly with the following prayers:- ii) To issue a writ in the nature of mandamus directing the 1st respondent not to demolish the house and property of the petitioner without initiating the proceedings under Section11(3) of the Land Conservancy Act. iii) To declare that the petitioner is entitled to get compensation for depriving his right to livelihood by the 1st respondent and entitled to get compensation for crushing the rock situated in his property. It is stated in the counter affidavit that Ext.P6 notice is issued under the provisions of the Kerala Land Conservancy Act. Therefore, it is for the petitioner to pursue the matter under the provisions of the Act itself by approaching the appellate authority, if aggrieved. In order to enable the petitioner to workout the relief as above, the status quo as on today in the matter shall be continued for another four months. The writ petition is disposed of as above.

(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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