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PEARL SPOT RESORTS LTD., REPRESENTED BY versus THE SECRETARY

High Court of Kerala

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PEARL SPOT RESORTS LTD., REPRESENTED BY v. THE SECRETARY - WP(C) No. 8432 of 2007(D) [2007] RD-KL 7273 (9 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8432 of 2007(D)

1. PEARL SPOT RESORTS LTD., REPRESENTED BY
... Petitioner

Vs

1. THE SECRETARY,
... Respondent

2. THE TAHSILDAR,

3. THE SUB COLLECTOR,

4. THE COMMISSIONER & SECRETARY,

For Petitioner :SRI.K.REGHU KOTTAPPURAM

For Respondent :SRI.K.JAJU BABU

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :09/04/2007

O R D E R

PIUS C.KURIAKOSE, J.

W.P.(C)NO. 8432 of 2007 Dated this 9th day of April, 2007

JUDGMENT

There is controversy at the bar between Sri.K.Reghu Kottappuram and Smt.T.B.Ramani, the learned Government Pleader as to whether Ext.P9 order will enable the petitioner to construct the roads, construction of which are sought to be prevented by Ext.P13 order of the District Collector. The counsel for the petitioner submits that Ext.P9 order of the Government will enable the petitioner to construct the roads and that it was beyond the powers of the Collector to pass Ext.P13 virtually amounting to withdrawal of Ext.P9. The Government Pleader submits that Ext.P9 will not enable the petitioner to construct roads as presently attempted by the petitioner.

2. Under these circumstances, I am of the view that the petitioner is to approach the Government and seek requisite clarification in the matter regarding the scope of Ext.P9. I dispose of the writ petition directing the petitioner to WPC No. 8432/2007 2 approach the Government seeking appropriate clarification. If the petitioner files an application in that regard before the Government within two weeks from today, the Government will consider the application and pass appropriate orders within another two weeks from that day. PIUS C.KURIAKOSE Judge dpk


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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