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GEORGE KUTTY MATHAI, S/O. MATHAN MATHAI versus MANARCAD GRAMA PANCHAYAT

High Court of Kerala

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GEORGE KUTTY MATHAI, S/O. MATHAN MATHAI v. MANARCAD GRAMA PANCHAYAT - WP(C) No. 26892 of 2006(B) [2007] RD-KL 3854 (21 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26892 of 2006(B)

1. GEORGE KUTTY MATHAI, S/O. MATHAN MATHAI,
... Petitioner

2. LUCY DEVASIA, D/O. DEVASIA,

Vs

1. MANARCAD GRAMA PANCHAYAT,
... Respondent

2. THE SECRETARY,

For Petitioner :SRI.P.N.KRISHNANKUTTY ACHAN(SR.)

For Respondent :SRI.MATHEW JOHN (K)

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :21/02/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C)No. 26892 of 2006
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Dated: 21st February, 2007



JUDGMENT

The petitioners prayer that the Panchayat should be directed to issue building permit as applied for in Exts.P3 and P4 cannot be granted in view of the facts disclosed by the counter affidavit and the additional counter affidavit filed on behalf of the Panchayat. It is clear from those counter affidavits that a notification under Section 4(1) of the Land Acquisition Act followed by a declaration under Section 6 of the Act has been promulgated for acquiring petitioners' property. Accordingly, the Writ Petition will stand dismissed. However, it is made clear that this judgment will not stand in the way of the petitioners approaching this court again on any genuine cause of action.

srd PIUS C.KURIAKOSE, JUDGE


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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