Dismissed

Latha C.Pillai v. District Collector

Kerala HC16 Jun 2011WP(C)/500/2010

Case brief

AI extract

What is this about?

Petitioner sought direction to grant permission for land reclamation under Kerala Land Utilization Order. Court directed petitioner to file application before competent R.D.O. within two weeks, dismissing direct relief against respondents.

What did the court decide?

Petitioner directed to file application before R.D.O. within two weeks for consideration and final orders within six weeks.

Latha C.Pillai Vs District Collector — Land Acquisition | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933

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WP(C).No. 500 of 2010(J)

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-----------------------------------

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PETITIONER:

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-------------------

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LATHA C.PILLAI, W/O.K.K.CHANDRAN NAIR, NANDEESWARAM HOUSE, KUMBALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM.

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BY ADVS. SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN.

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RESPONDENTS:

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------------------------

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1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM.

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2. THE TAHSILDAR, KANAYANNUR TALUK, KANAYANNUR TALUK OFFICE, ERNAKULAM.

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3. THE VILLAGE OFFICER, CHERANALLUR, CHERANELLOR VILLAGE, ERNAKULAM.

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4. STATE OF KERALA,

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REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM.

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R1 TO R4 BY GOVT. PLEADER SRI. M.H. HANILKUMAR.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.500/2010-J:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DTD. 09/10/07. EXT.P.2: COPY OF THE REPORT DTD. NIL.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

P.R.RAMACHANDRA MENON, J

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W.P.(C) No.500 OF 2010

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Dated this the 16^th day of June 2011

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JUDGMENT

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The prayer of the petitioner is for a direction to the respondents to consider Ext.P1 application and to grant permission for reclamation of the land in question under the relevant provisions of the Kerala Land Utilization Order.

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The learned Government Pleader appearing for the respondents submits that Ext.P1 application is preferred before the 2^nd respondent, whereas the competent authority to consider the grievance projected in the Writ Petition is the R.D.O, who is not a party to the present Writ Petition. However, in view of the limited nature of the relief sought for, this Court finds that the matter could be disposed of, permitting the petitioner to file a proper application before the concerned R.D.O and to have the same considered in accordance with law. The petitioner is at liberty to file an application for the redressal of the grievance before the R.D.O within 'two weeks' from the date of receipt of a copy of this judgment, on which event, the RDO shall consider and pass final orders in accordance with law, within a further period of 'six weeks' thereafter, of course after giving an opportunity of hearing to the petitioner.

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W.P.(C) No.500/2010

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The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the concerned R.D.O for taking further steps. The R.D.O, Fort Kochi stands suo motu impleaded as additional 5^th respondent and the learned Government Pleader entered appearance on behalf of the additional 5^th respondent as well.

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vdv P.R.RAMACHANDRA MENON, JUDGE

Latha C.Pillai v. District Collector

Case brief

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Latha C.Pillai v. District Collector

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