In joint writ petitions challenging orders, the Court dismissed the petition reserving liberty to challenge subsequent orders separately, without detailed adjudication on merits in this order.
Petition dismissed; liberty reserved to challenge subsequent orders.
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 V.G.ARUN
MONDAY, THE 14TH DAY OF NOVEMBER 2022 / 23RD KARTHIKA, 1944
WP(C) NO. 6572 OF 2022
PETITIONER:
FRANCO JOSEPH AGED 56 YEARS, S/O. JOSEPH, MANGALI HOUSE, MANJAPRA, ERNAKULAM DISTRICT, PIN - 683581.
BY ADVS. LIJI.J.VADAKEDOM REXY ELIZABETH THOMAS TOM E. JACOB
RESPONDENTS:
1 THE SPECIAL TAHSILDAR (LA), KIIFB, OFFICE OF THE SPECIAL TAHSILDAR (LA), OS 62, G.C.D.A. SHOPPING COMPLEX, MARINE DRIVE, ERNAKULAM.
2 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU, ERNAKULAM - 682030. 3 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
4 *[CHIEF EXECUTIVE OFFICER KOCHI GIFT CITY, AYYAMPUZHA, ANGAMALY, ERNAKULAM – 683572.] *[ADDL.R4 DELETED AS PER ORDER DATED 17/03/2022 IN I.A:1/2022 IN WP(C) 6572/2022] 5 ADDL.R5 THE KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA), REPRESENTED BY ITS MANAGING DIRECTOR, KINFRA HOUSE, TC 31/2312, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010 [ADDL.R5 IS IMPLEADED AS PER ORDER DATED 17/03/2022 IN I.A:1/2022 IN WP(C) 6572/2022]
BY ADV P.U.SHAILAJAN GP SREEJA V(SR); BIMAL K NATH(SR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.11.2022 ALONG WITH W.P.(C) NO.19553 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 6572 & 19553 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF NOVEMBER 2022 / 23RD KARTHIKA, 1944
WP(C) NO. 19553 OF 2022
PETITIONER:
FRANCO JOSEPH, AGED 56 YEARS, S/O. JOSEPH, MANGALI HOUSE, MANJAPRA, ERNAKULAM DISTRICT-683581.
BY ADVS. LIJI.J.VADAKEDOM TOM E. JACOB
RESPONDENTS:
1 THE SPECIAL TAHSILDAR (LA), KIIFB, OFFICE OF THE SPECIAL TAHSILDAR (LA), OS 62, GCDA, SHOPPING COMPLEX, MARINE DRIVE, ERNAKULAM-682031.
2 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU, ERNAKULAM-682030.
3 STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
4 THE KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA),REPRESENTED BY ITS MANAGING DIRECTOR, KINFRA HOUSE, TC 31/2312, SASTHAMANGALAM, THIRUVANANTHAPURAM-695010.
BY ADV P.U.SHAILAJAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.11.2022 ALONG WITH W.P.(C)NO.6572 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 6572 & 19553 OF 2022
3
JUDGMENT
Dated this the 14 th day of November, 2022
Learned Counsel for the petitioner submits that pursuant to the direction of this Court, the KINFRA heard the petitioner and passed orders.
The orders being against the petitioner, he intends to challenge those orders.
The writ petition is hence dismissed, reserving the petitioner's liberty to challenge the subsequent orders.
Sd/-
V.G.ARUN JUDGE
APA
WP(C) NOs. 6572 & 19553 OF 2022
4
APPENDIX OF WP(C) 6572/2022
| PETITIONERS' EXHIBITS | |
|---|---|
| Exhibit P1 | A ROUGH SKETCH OF THE PETITIONER'S PROPERTY, THE CANAL AND THE ADJOINING PROPERTIES. |
| Exhibit P2 | THE COPY OF THE GOVERNMENT NOTIFICATION NO. 141/21/RD DATED 4.10.2021. |
| Exhibit P3 | THE COPY OF THE OF THE REPRESENTATION DATED 7.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. |
| Exhibit P4 | THE COPY OF THE ACKNOWLEDGEMENT CARD DATED 28.10.2021. SHOWING THE RECEIPT OF REPRESENTATION AT THE OFFICE OF THE 1ST RESPONDENT. |
| Exhibit P5 | THE COPY OF THE JUDGMENT DATED 23.12.2021 IN WP(C) NO. 30409/2021 BEFORE THIS HONOURABLE COURT. |
| Exhibit P6 | THE COPY OF THE ORDER DATED 18.01.2022 ISSUED BY THE 1ST RESPONDENT. |
| Exhibit P7 | THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER THROUGH THE HONOURABLE OPPOSITION LEADER. |
| Exhibit P8 | THE COPY OF THE COMMUNICATION DATED 5.2.2022 ISSUED BY THE 2ND RESPONDENT. |
| Exhibit P9 | THE COPY OF THE REVISION DATED 15.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
| RESPONDENT'S EXHIBITS | |
| EXHIBIT R5(a) | TRUE COPY OF THE SKETCH OF THE PROPERTIES NOTIFIED FOR ACQUISITION |
| EXHIBIT R5(b) | TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR, ERNAKULAM |
| Exhibit R5 (c) | LITHO SKETCH OF THE PROPERTIES UNDER ACQUISITION. |
WP(C) NOs. 6572 & 19553 OF 2022
5
APPENDIX OF WP(C) 19553/2022
PETITIONERS' EXHIBITS
| Exhibit P1 | A ROUGH SKETCH OF THE PETITIONER'S PROPERTY, THE CANAL AND THE ADJOINING PROPERTIES. |
|---|---|
| Exhibit P2 | THE COPY OF THE GOVERNMENT NOTIFICATION NO.141/21/RD DATED 04/10/2021. |
| Exhibit P3 | TRUE COPY OF THE REPRESENTATION DATED 07/10/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. |
| Exhibit P4 | THE COPY OF THE ACKNOWLEDGEMENT CARD DATED 28/10/2021 SHOWING THE RECEIPT OF REPRESENTATION AT THE OFFICE OF THE 1ST RESPONDENT. |
| Exhibit P5 | THE COPY OF THE JUDGMENT DATED 23/12/2021 IN WPC NO.30409/2021 BEFORE THIS HONOURABLE COURT. |
| Exhibit P6 | THE COPY OF THE ORDER DATED 18/01/2022 ISSUED BY THE 1ST RESPONDENT. |
| Exhibit P7 | THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER THROUGH THE HONOURABLE OPPOSITION LEADER. |
| Exhibit P8 | THE COPY OF THE COMMUNICATION DATED 05/02/2022 ISSUED BY THE 2ND RESPONDENT. |
| Exhibit P9 | THE COPY OF THE REVISION DATED 15/02/2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
| Exhibit P10 | THE COPY OF THEORDER DATED 28/02/2022 PASSED IN WPC 6572/2022 BEFORE THE HONOURABLE HIGH COURT OF KERALA. |
| Exhibit P11 | THE COPY OF THE COUNTER AFFIDAVIT DATED 07/04/2022 FILED BY THE 4TH RESPONDENT HEREIN IN WPC NO.6572/2022 BEFORE THE THIS HONOURABLE COURT. |
| Exhibit P12 | THE COPY OF THE ORDER NO. B2-15/2021/REV, DATED 16/05/2022 ISSUED BY THE 3RD RESPONDENT. |
| Exhibit P13 | THE COPY OF THE REPRESENTATION DATED 4.8.2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT (WITHOUT ENCLOSURES) |
| **RESPONDENT'S ** | EXHIBITS |
TRUE COPY OF THE ORDER DATED 3.10.2022
Annexure-I
FRANCO JOSEPH
THE SPECIAL TAHSILDAR (LA), KIIFB
THE DISTRICT COLLECTOR, KAKKANADU
STATE OF KERALA
THE KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA)
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
