The court directed state respondents to shift their office to a mini civil station within the specified deadline and to pay pending rent arrears to the building owners-petitioners.
Direction to respondents to shift office by June 2012 and pay rent including arrears to petitioners. Writ petition disposed of.
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 ANTONY DOMINIC
THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933
WP(C).No. 22714 of 2011(L)
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PETITIONERS : -
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1. MRS. K.P.SUJATHA, W/O.I.GOVINDHARAJ, M.K.P.NIVAS, ERUMATHAERUV, MILK SOCIETY ROAD,
MANANTHAVADY P.O., WAYANADU DISTRICT.
2. I.GOVINDHRAJ, M.K.P.NIVAS, ERUMATHAERUV, MILK SOCIETY ROAD, MANANTHAVADY P.O., WAYANADU DISTRICT.
BY ADVS. SRI. SABU GEORGE
SRI.K.K.RAJEEV
RESPONDENTS : -
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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, GOVENMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR, AGRICULTURE & SOIL CONSERVATION DEPARTMENT, THIRUVANANTHAPURAM- 695001.
3. THE ASSISTANT DIRECTOR, SOIL CONSERVATION, KABANI PROJECT, OFFICE OF THE SOIL CONSERVATION, MANANTHAWADY P.O., WAYANAD, PIN-670845.
4. THE DISTRICT SOIL CONSERVATION OFFICER, WAYANAD-670845.
R1 TO R4 BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22714 of 2011(L)
APPENDIX
PETITIONERS' EXHIBITS:
EXT P1 : COPY OF THE ORDER NO. FIN (3) 12012/10 DATED 30.11.2010 WITH ENDORSEMENT OF 3rd RESPONDENT.
EXT P2 : COPY OF THE LETTER DATED 07.02.2011 ISSUED TO 3rd RESPONDENT. EXT P3 : COPY OF THE LAWYER NOTICE DATED 26.02.2011.
RESPONDENTS' EXHIBITS: NIL.
TRUE COPY
P.A. TO JUDGE
DMR/ -
ANTONY DOMINIC, J.
W.P.(C) No. 22714 of 2011 L
Dated this the 17th day of November, 2011
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Petitioners are owners of a building bearing
No.IV/164/MNOPQ of Mananthavady Panchayat. The building was let out for accommodating the office of the third respondent. On the request of the petitioners, Ext.P1 order was passed by the second respondent for shifting the office and relocating the same in the civil station. Though this order was passed on 30.11.2010, the same has not been implemented so far. The complaint of the petitioners is regarding delay in implementing the said order.
present, there is no place in the civil station and that is the reason for delay in implementing Ext.P1. It is also submitted that they are taking steps for implementing Ext.P1 and that they require eight months' time for the same. Further, it is submitted that in the meanwhile, the respondents shall clear
W.P.(C) No.22714/2011
: 2 :
the entire rent arrears that are due to the petitioners.
I direct the respondents to shift the office of the third respondent into the mini civil station in implementation of Ext.P1 order. This, the respondents shall do on or before June, 2012. It is also directed that in the meanwhile, rent that
is due including arrears shall be paid to the petitioners.
Writ petition is disposed of as above.
Sd/- (ANTONY DOMINIC, JUDGE)
aks/17/11
// True Copy //
2 issues framed by the court
Whether the respondents were directed to shift the office to the new location as per the earlier order.
Whether the petitioners were directed to receive due rent including arrears pending.
MRS. K.P.SUJATHA
I.GOVINDHRAJ
STATE OF KERALA
THE DIRECTOR, AGRICULTURE & SOIL CONSERVATION DEPARTMENT
THE ASSISTANT DIRECTOR, SOIL CONSERVATION
THE DISTRICT SOIL CONSERVATION OFFICER
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
