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K.VALSALAN, AGED 42 YEARS, S/O. BALAN versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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K.VALSALAN, AGED 42 YEARS, S/O. BALAN v. STATE OF KERALA, REPRESENTED BY - WP(C) No. 4266 of 2007(G) [2007] RD-KL 3118 (12 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4266 of 2007(G)

1. K.VALSALAN, AGED 42 YEARS, S/O. BALAN,
... Petitioner

2. C.MANOJ, AGED 36 YEARS, S/O. KRISHNAN,

Vs

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

2. THE SECRETARY,

3. THE THALASSERY MUNICIPALITY,

For Petitioner :SRI.M.SASINDRAN

For Respondent :SRI.I.V.PRAMOD

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :12/02/2007

O R D E R

PIUS C.KURIAKOSE, J.

W.P.(C)NO.4266 of 2007 Dated this 12th day of February , 2007

JUDGMENT

Sri.I.V.Pramod, the learned counsel for the respondents 1 and 2 has not been able to get instructions in the matter so far. My attention was drawn by Sri.M.Sasindran, the learned counsel for the petitioner to my own judgment in W.P. (C) No.28206/2006(Ext.P10) which was confirmed by the Division Bench as per Ext.P11 judgment. Obviously no notification under Section 4(1) of the Land Acquisition Act has been issued so far for acquiring any portion of the petitioner's property or any other property. The principles laid down by this court in Padmini v. State of Kerala (1999 (3) KLT 465) will apply.

2. Under the above circumstances, Exts.P8 and P8 (a) are quashed and there will be a direction to the Municipality to pass fresh orders after considering Exts.P1 and P1(a) and permit shall be granted as applied if the plans submitted by the WPC No. 4266/2007 2 petitioner is otherwise in order. The order as directed above will be passed at the earliest and at any rate within three weeks of receiving a copy of this judgment. The Writ petition is disposed of as above. 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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