Ponnuswamy Chettiyar v. State of Kerala
Case brief
What is this about?
In a writ petition concerning land acquisition, the High Court addressed complaints that a reference application filed in 1989 was never forwarded to the Sub Court despite evidence of receipt. The Court held that petitioners should not suffer due to the respondent officer's laches.
What did the court decide?
The District Collector directed to enquire into the missing reference application file within two months and pass an order.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937
WP(C).NO. 9760 OF 2012 (T) ---------------------------
PETITIONERS:
------------
1. PONNUSWAMY CHETTIYAR, AGED 74 YEARS, THAI VEEDU, THAMARAKULAM, KOLLAM.690530.
2. SWAMINATHAN, -DO3. SHANMUGHASUNDARI, -DO-
4. RADHALAKSHMI, -DO5. BABY, (PETITIONERS 2 TO 5 ARE REPRESENTED BY POWER OFATTORNEY HOLDER PETITIONER NO.1)
BY ADV. SRI.N.N.ARUN BECHU
RESPONDENTS:
Issues for consideration
2 issues framed by the court
Whether the High Court should intervene to redress the grievance regarding the non-forwarding of a land acquisition reference application for over 25 years.
Whether the respondents can be held accountable for the delay caused by the office of the 3rd respondent.
Parties & counsel
- petitioner
Ponnuswamy Chettiyar and others
- respondent
State of Kerala
- respondent
District Collector, Kollam
- respondent
Special Tahsildar, Land Acquisition, Kollam
Coram
Case details
As recorded by the court registry
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