The High Court disposed of a writ petition challenging a notice under the Kerala Land Conservancy Act for Police Station construction. The Court observed that the Government must consider objections if raised, but left the merits of the case undecided.
Writ petition disposed with observation that petitioners must be issued notice if Government intends to proceed.
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 K.VINOD CHANDRAN
THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937
WP(C).No. 1150 of 2009 (J)
PETITIONER(S):
1. GOPALAPILLA, AMBAZHAVELIL KINARUVILAYIL, MANKAMKUZHY P.O, MAVELIKKARA.
2. ANIJA, D/O.GOPALAPILLA, AMBAZHAVELIL KINARUVILAYIL, MANKAMKUZHY P.O., MAVELIKKARA.
3. JAYAPRABHA, W/O.JAYARAJ, AMBAZHAVELIL KINARUVILAYIL, MANKAMKUZHY P.O., MAVELIKKARA.
BY ADVS.SRI.GEORGE VARGHESE (PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP, SMT.SURYA SASI.
RESPONDENT(S):
1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, IN THE DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. DISTRICT COLLECTOR, ALAPPUZHA DISTRICT.
3. TAHSILDAR, MAVELIKKARA TALUK, ALAPPUZHA.
4. DISTRICT SURVEY SUPERINTENDENT, ALAPPUZHA.
5. ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, MAVELIKKARA.
BY GOVT. PLEADER SRI.S. JAMAL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 1150 of 2009 (J)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.1150 of 2009 - J
====================== Dated this the 16th day of July, 2015
J U D G M E N T
The petitioners are concerned with Ext.P9 notice and
Ext.P12 order of the Government. Ext.P9 is a notice issued under the Kerala Land Conservancy Act, 1957, for effecting eviction from a land for the purpose of construction of a Police Station. Ext.P12 permission was granted for such construction. The petitioners' contention is that, the Police Station is going to be constructed in his land and objections to the notice have not been considered.
2
W.P.(C) No.1150 of 2009 - J
petitioner's objection is produced at Ext.P11. In such circumstance, if objections are raised they ought to be considered. If the Government even now intends to proceed with the construction of the Police Station, it is made clear that this Court has not spoken on the merits of the matter. The writ petition would stand disposed of with observations that if proceedings are proposed, then necessarily the petitioners should be issued with notice.
The writ petition is closed.
SB
// true copy //
PA to Judge.
2 issues framed by the court
Whether the petitioners' objections regarding the notice for Police Station construction were duly considered by the Government.
Whether the administration can proceed with construction if objections were raised but not considered.
1 provisions across 1 enactments
GOPALAPILLA
ANIJA
JAYAPRABHA
STATE OF KERALA
DISTRICT COLLECTOR, ALAPPUZHA DISTRICT
DISTRICT SURVEY SUPERINTENDENT, ALAPPUZHA
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
