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MESSERS.CHEMBRA PEAK ESTATES LIMITED versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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MESSERS.CHEMBRA PEAK ESTATES LIMITED v. STATE OF KERALA, REPRESENTED BY - WP(C) No. 798 of 2007(T) [2007] RD-KL 6735 (30 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 798 of 2007(T)

1. MESSERS.CHEMBRA PEAK ESTATES LIMITED,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. SECRETARY TO GOVERNMENT,

3. THE DISTRICT COLLECTOR, WAYANAD.

4. KERALA INDUSTRIAL INFRASTRUCTURE

5. UNION OF INDIA,

For Petitioner :SRI.V.GIRI

For Respondent :SRI.G.S.REGHUNATH

The Hon'ble MR. Justice K.PADMANABHAN NAIR

Dated :30/03/2007

O R D E R

K.Padmanabhan Nair,J.

W.P.(C).Nos.798 of 2007-T & 2313 of 2007-A

Dated, this the 30th day of March, 2007



JUDGMENT

The challenge in these two writ petitions is directed against Exhibit P6 order in W.P.(C).No.798 of 2007, by which the Government has accorded administrative sanction to the Industries Department to initiate proceedings under the Land Acquisition Act to acquire 398 acres of land in Muttil South Village of Vythiri Taluk by invoking urgency clause under Section 17(4) of the Land Acquisition Act.

2. The concerned department has not so far issued any notification under Section 4 read with Section 17(4) of the Act. The right of the petitioner to challenge the notification or the urgency clause will arise only when such a notification is issued. So, these writ petitions are premature. Without prejudice to the right of the petitioner to raise any contention, including those raised in these writ petitions, at the appropriate stage in case the competent authority issues a notification under the Land Acquisition Act, these two petitions are closed. K.Padmanabhan Nair Judge vku/-


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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