In this writ petition, the High Court of Kerala directed the petitioner to approach the Government for clarification regarding the scope of a specific order and the powers of the Collector to restrain road construction.
Petitioner directed to approach the Government for clarification on the scope of Ext.P9 within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 9TH APRIL 2007 / 19TH CHAITHRA 1929
WP(C).No. 8432 of 2007(D) -------------------------
PETITIONER:
PEARL SPOT RESORTS LTD., REPRESENTED BY G.PRABHAKAR KAMMATH, REG.OFFICE 59/1351, 2ND FLOOR, ARANGATH ROAD, PULLEPPADY, ERNAKULAM.
BY ADV. SRI.K.REGHU KOTTAPPURAM
RESPONDENTS:
BY G.P. SMT.T.B.RAMANI
BY ADV. SRI.K.JAJU BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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.
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
2 issues framed by the court
Whether the petitioner can construct roads based on a disputed government order without further clarification.
Whether the District Collector had the power to pass an order preventing road construction contrary to a prior government order.
PEARL SPOT RESORTS LTD.
THE SECRETARY, PALLIVASAL GRAMA PANCHAYATH
THE TAHSILDAR, DEVIKULAM TALUK DIST. IDUKKI
THE SUB COLLECTOR, DEVIKULAM, DIST. IDUKKI
THE COMMISSIONER & SECRETARY, REVENUE DEPARTMENT, STATE OF KERALA
PIUS C.KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
