The petition challenging sanction to fill paddy land for an industrial complex was dismissed as infructuous because the requisite filling and establishment of the complex had already been completed.
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 JUNE 2016/26TH JYAISHTA, 1938
OP.No. 15072 of 1999 (T)
PETITIONER(S):
MANGANAM PARISTHITHY SAMRAKSHANA SAMITHY MANGANAM P.O, KOTTAYAM, REPRESENTED BY ITS PRESIDENT C.C. JACOB, KOCHUPARAMBIL
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., AGRICULTURE (NCA) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM
2. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM
3. THE VILLAGE OFFICER, VIJAYAPURAM VILLAGE OFFICE VIJAYAPURAM, KOTTAYAM DISTRICT
4. THE RUBBER BOARD, HEAD OFFICE, PB NO.1122 KOTTAYAM-2, REPRESENTED BY ITS CHAIRMAN
R, BY ADV. SRI.JOSEPH KODIANTHARA (SR.)
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. VINOD CHANDRAN, J.
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O.P. No.15072 of 1999 - T
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Dated this the 16th day of June, 2016
J U D G M E N T
The learned Counsel for the respondent submits that the petitioner, the Manganam Paristhithy Samrakshana Samithi had filed the above original petition, challenging Ext.P1 order, which accorded sanction to the Rubber Board for filling up for 1 hectare of paddy field out the 1.48 hectares of wet land comprised in survey No. 156/2 of Vijayapuram Village, Kottayam Taluk, which was assigned to the Rubber Board for establishing an Industrial Complex. It is also submitted that the land was filled up and the industrial complex established, which has been running for the last 10 years.
In such circumstance, nothing survives in the original petition and the original petition would stand dismissed as infructuous.
Sd/-
K. VINOD CHANDRAN,
JUDGE
SB/17/06/2016
// true copy //
P.A to Judge.
Manganam Paristhithy Samrakshana Samithy, represented by C.C. Jacob
State of Kerala, represented by Secretary to Government, Agriculture Department
Revenue Divisional Officer, Kottayam
Village Officer, Vijayapuram
Rubber Board, Kottayam
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
