In this writ petition, the petitioner sought a direction for the District Collector to purchase his land at a fixed value. The first respondent affidavit stated refusal to purchase, resulting in the court holding it cannot compel the purchase and disposing of the petition without further orders.
Petition disposed; no order to compel purchase.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR
FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929
WP(C).No. 33048 of 2005(H)
PETITIONER:
DR. TONY FERNANDEZ,
PULARI, DARSHAN ROAD, ALUVA, ERNAKULAM.
BY ADV. SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
RESPONDENTS:
BY ADV. SRI.E.K.NANDAKUMAR
SRI.M.A.SHAFIK
SRI.A.K.JAYASANKAR NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.33048/2005
APPENDIX
PETITIONER'S EXHIBITS:
//true copy//
P.A. To Judge.
K.PADMANABHAN NAIR, J.
W.P.(C) No.33048 OF 2005
Dated this the 11th January, 2008.
J U D G M E N T
The main relief sought for in this writ petition is to issue a direction to the first respondent to pay the value fixed in Exts.P8 and P14 by the District Collector, Kollam, and purchase One Acre and 68 cents of land owned by the petitioner.
they do not propose to purchase the land paying that value. That statement of the first respondent is recorded. This Court cannot compel a party to purchase the land. Hence, no further orders are necessary in this case.
W.P.(C) No.33048/2005
2
however submits that he may be allowed to effect constructions in the property. If the petitioner wants to make any construction, he will have to take necessary steps, in accordance with law.
The writ petition is disposed of with the above
directions.
K.PADMANABHAN NAIR, JUDGE
nj.
1 issue framed by the court
Whether the District Collector can be compelled to purchase the petitioner's land at the value fixed by him?
DR. TONY FERNANDEZ
DISTRICT COLLECTOR, KOLLAM
CHIEF GENERAL MANAGER AND SPECIAL OFFICER FOR L.A., INDIAN RARE EARTHS LTD., CHAVARA
K. PADMANABHAN NAIR
As recorded by the court registry
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