The Court dismissed the writ petition by applying directions issued in a connected case (W.P.(C).No.36732/2018), while leaving the specific issues of demolition and compensation open for appropriate proceedings. All respondents are directed to comply with said directions.
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 ALEXANDER THOMAS
WEDNESDAY,THE 05TH DAY OF DECEMBER 2018 / 14TH AGRAHAYANA, 1940
WP(C).No. 36899 of 2018
PETITIONER/S:
VASUDEVAN SEETHARAMAN, AGED 69, S/O VASUDEVAN, VASUDEV HOUSE, JAGATHY P.O., THIRUVANANTHAPURAM- 695014 (REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, MR. INDRANATHAN, AGED 62, S/O DATHAN, SAUPARNIKA, NEAR S.R. CINE HOUSE, ATTINGAL, THIRUVANANTHAPURAM).
BY ADV. SRI.D.AJITHKUMAR
RESPONDENT/S:
OTHER PRESENT:
SRI.THOMAS ANTONY,SC FOR R1, SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER FOR R2,R3 AND R5 TO R7,
SRI.AYYAPPAN SHANKAR FOR R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 36899 of 2018
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ALEXANDER THOMAS, J .
W.P.(C).No.36899 of 2018
Dated this the 5th day of December, 2018.
J U D G M E N T
The prayers in this Writ Petition (Civil) are
as follows:
“i. Call for the entire records leading to Exhibit-P6 and issue a writ of certiorari or any other writ, order of direction to quash the same;
ii. To issue writ of mandamus or order directing the respondents to pay compensation to the petitioner for the illegal demolition of the compound wall of Exhibit-P2 property and for the other loss sustained to it.
iii. To grant such other reliefs that may be prayed for from time to time and such other and further reliefs as this Hon'ble court may deem fit and proper.”
2. The matter in issue is covered by the
judgment dated 28.11.2018 of this Court in W.P. (C).No.36732/2018 and connected cases. Accordingly, it is ordered that the directions and orders issued in W.P.(C).No.36732/2018 and connected cases, will be applicable to this case as well. For the sake of clarity, it is ordered
that the Registry will place a copy of the judgment dated 28.11.2018 in W.P.(C).No. 36732/2018 and connected cases as an appendix to this judgment. The orders and directions in that
WP(C).No. 36899 of 2018
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judgment should be complied with by the competent authority among the respondents, in the case of
the present petitioner as well.
2. However, it is made clear that the issue regarding the question of demolition, compensation
aspects, etc., are left open to be decided in appropriate proceedings in the manner known to law.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE.
Bkn/-
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 18.08.2003 EXECUTED BY PETITIONER IN FAVOUR OF MR.INDRANATHAN. EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.1190 DATED 06.05.1996. EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 21.04.2018. EXHIBIT P4 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 07.02.2017 FOR THE BUILDING HAVING NO.XVII/1233. EXHIBIT P5 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 07.02.2017 FOR THE BUILDING HAVING NO.XVII/1267. EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 30.10.2018 ISSUED BY 6TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE OBJECTION TO EXHIBIT P6 NOTICE ON 05.11.2018. EXHIBIT P8 TRUE COPY OF THE G.O.(RT)NO.2451/85/LA & SWD DATED 29.07.1985. AS DIRECTED BY THIS COURT, JUDGMENT DATED 28.11.2018 IN W.P.(C).NO. 36732/2018 AND CONNECTED CASES IS APPENDED.
1 issue framed by the court
Whether directions in connected W.P.(C).No.36732/2018 apply to this petition.
Colour shows how this judgement treated each authority
W.P. (C).No.36732/2018Applied¶3
VASUDEVAN SEETHARAMAN
THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
DISTRICT COLLECTOR
TAHSILDAR(CHIRAYINKEEZHU)
ATTINGAL MUNICIPALITY
EXECUTIVE ENGINEER, NH DIVISION
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
