The High Court of Kerala allowed a review petition, clarifying that the Secretary of the Rural Development Department is not the competent authority. The petitioner must submit the file to the competent authority, potentially in the Planning and Economic Affairs Department.
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 THOTTATHIL B.RADHAKRISHNAN
FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931
RP.No. 1152 of 2009(B)
-------------------------------[AGAINST THE JUDGEMENT DATED 29/07/2009 IN W.P.(C).NO.25217/2008]
REVIEW PETITIONERS/RESPONDENTS 1 TO 3 IN THE W.P.(C):
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1. STATE OF KERALA, REP. BY THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.
2. DISTRICT COLLECTOR, PATHANAMTHITTA.
3. BLOCK DEVELOPMENT OFFICER, KONNI, PATHANAMTHITTA.
BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR.
RESPONDENTS/PETITIONER & RESPONDENT NO.4 IN THE W.P.(C):
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1. SABU JOSEPH, S/O. P.T.JOSEPH, MANALOOR HOUSE, ATTACHAKKAL P.O., KONNI, PATHANAMTHITTA DISTRICT.
2. EXECUTIVE ENGINEER, LAND DIVISION, DISTRICT PANCHAYATH, PATHANAMTHITTA.
R1 BY ADV. SRI. ALIAS M. CHERIAN.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 19/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
THOTTATHIL B.RADHAKRISHNAN, J.
R.P.No.1152 OF 2009 IN W.P(C).No.25217 OF 2008
------------------------------------------Dated this the 19th day of March, 2010
O R D E R
This review petition is filed on the premise that the Secretary to Government, Rural Development Department is not the competent authority to decide on the matter covered by Ext.P16 representation. Though the first respondent in the writ petition, the State of Kerala, is represented therein by the Secretary in the Rural Development Department, the direction to the first respondent to consider Ext.P16 can be complied with by making over the file to the competent authority, even if it be the Secretary in the Planning and Economic Affairs Department. Therefore, this review petition is ordered clarifying that Ext.P16 shall be considered by the competent authority in the Government.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge.
kkb.20/03.
1 issue framed by the court
Whether the Secretary of Rural Development Department is the competent authority to decide the matter covered by Ext.P16 representation.
STATE OF KERALA
DISTRICT COLLECTOR, PATHANAMTHITTA
BLOCK DEVELOPMENT OFFICER, KONNI
SABU JOSEPH
THOTTATHIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
