Suresh Kumar T v. the Additional Director General of Police
Case brief
What is this about?
Writ petition challenging an order imposing damage rent under the Public Premises Act dismissed for non-exhaustion of statutory appeal and reasonable delay, despite petitioner’s claim of composite order and natural justice violation.
What did the court decide?
Writ petition dismissed. Recovery stayed for one month pending appeal. Petitioner directed to file statutory appeal within one month.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937
WP(C).No. 14854 of 2015 (F)
PETITIONER(S):
SURESH KUMAR T AGED 47 YEARS NO.90091085 ASI/GD, 200 BATTALLION CENTRAL RESERVE POLICE FORCE CRPF GC CAMPUS YELAHANKA BANGALOREPERMANENTLY RESIDING AT : SUJEESH BHAVANAM
CHENNITHALA SOUTH P.O., MAVELIKARA.
BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP SRI.MANU SEBASTIAN SMT.PARVATHY NAIR
RESPONDENT(S):
- THE ADDITIONAL DIRECTOR GENERAL OF POLICE SOUTHERN ZONE, CRPF, OFFICE OF THE ADGP HYDERABAD-500 005.
Issues for consideration
3 issues framed by the court
Whether a composite order imposing damage rent and directing eviction violates the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Whether the High Court can deny the extraordinary remedy under Article 226 when the statutory remedy is exhausted and delay is unexplained.
Whether the petitioner violated principles of natural justice by not receiving proper notice or appeal period for damage rent.
Parties & counsel
- petitioner
SURESH KUMAR T
- respondent
THE ADDITIONAL DIRECTOR GENERAL OF POLICE SOUTHERN ZONE, CRPF
- respondent
THE INSPECTOR GENERAL OF POLICE, SOUTHERN SECTOR HQR, CRPF
- respondent
THE DEPUTY INSPECTOR GENERAL OF POLICECUM ESTATE OFFICER, RECRUIT TRAINING CENTRE, CRPF
- respondent
THE DEPUTY INSPECTOR GENERAL OF POLICE, 200 BATTALLION, GC, CRPF
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court