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K.T.JACOB, AGED 61 YEARS, S/O. THOMAS versus THE DISTRICT COLLECTOR

High Court of Kerala

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K.T.JACOB, AGED 61 YEARS, S/O. THOMAS v. THE DISTRICT COLLECTOR - Con Case(C) No. 803 of 2007(S) [2007] RD-KL 13123 (16 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 803 of 2007(S)

1. K.T.JACOB, AGED 61 YEARS, S/O. THOMAS,
... Petitioner

Vs

1. THE DISTRICT COLLECTOR,
... Respondent

For Petitioner :SRI.K.P.SREEKUMAR

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :16/07/2007

O R D E R

PIUS C. KURIAKOSE, J.

C.O.C. NO.803 of 2007

Dated this the 16th day of July , 2007



JUDGMENT

A detailed counter affidavit has been filed by the first respondent District Collector, to which the petitioner has filed a reply affidavit also.

2. Heard Sri.K.P.Sreekumar, the learned counsel for the petitioner and Sri.Shyson P.Manguzha, the learned Government Pleader. The contentions raised by the District collector in the affidavit and the submissions of the learned Government Pleader notwithstanding, I am not convinced that the the District Collector was justified in delaying the passage of Annexure R3 order till 13.6.2007 which is only after the contempt proceedings were initiated. In view of Annexure R3, I drop the contempt proceedings. However, considering the direction seen issued under Annexure R3 to the petitioner to vacate the properties in question WPC No.803 of 2007 2 forthwith, even as I close the writ petition relegating the petitioner to his remedies against Annexure R3, there will be an order that the direction in Annexure R3 that the petitioner shall be evicted forthwith will be kept in abeyance for a period of six weeks from today. The Government Pleader is directed to serve a readable copy of Annexure R3 to the learned counsel for the petitioner who will hand it over to the petitioner. The petitioner is permitted to impugn Annexure R3 on the basis of the copy so handed over. 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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