The High Court dismissed four writ petitions challenging the decision to allot Municipal land instead of Panchayat land for constructing a judicial complex in Karunagappally, holding the decision well thought out and not justiciable.
Writ petitions dismissed; no stay or declaratory relief granted.
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
FRIDAY, THE 25TH DAY OF NOVEMBER 2022 /4TH AGRAHAYANA, 1944
WP(C) NO. 14395 OF 2021
PETITIONER:
M.A.AZAD,AGED 70 YEARS,ADVOCATE,IQUBAL MANZIL,
KADATHORE MURI, THAZHAVA, KARUNAGAPPALLY, KOLLAM
BY ADVS.
K.P.SATHEESAN (SR.)
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
S.K.ADHITHYAN
SABU PULLAN
GOKUL D. SUDHAKARAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 0012 THE ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 0013 THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM-691 0134 THE SECRETARY, THAZHAVA GRAMA PANCHAYATH, S.R.P.M.P.O., KARUNAGAPPALLY, KOLLAM-690 5235 HIGH COURT OF KERALA, REPRESENTED BY THE REGISTRAR (DISTRICT JUDICIARY), ERNAKULAM, KOCHI-682 0316 ADDL.R6.SOORAJ KUMAR.T.S AGED 40, S/O.T.K.SASIDHARAN, THAYYIL, S.V.MARKET P.O., KARUNAGAPPALLY - 690 573.7 ADDL.R7.B.BINU AGED 43, S/O.G.B.PILLAI,MANDANATH, EDAKULANGARA P.O., KARUNAGAPPALLY - 690 523. [ADDL.R6 & R7 ARE IMPLEADED AS PER ORDER DATED 11.02.2022 IN I.A.1/2022 IN WP(C)14395/2021]8 ADDL.R8. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HOME (C) DEPARTMENT, THIRUVANANTHAPURAM. [ADDL.R8 IS SUO MOTU IMPLEADED AS PER ORDER DATED 11.02.2022 IN WP(C)14395/2021.]9 ADDL. R9: THE BAR ASSOCIATION,KARUNAGAPPALY, REG. NO.Q 824/2000, REPRESENTED BY THE PRESIDENT, KARUNAGAPPALLY P.O., KOLLAM. ADDL.R9 IMPLEADED AS PER ORDER DATED 02/03/2022 IN IA.2/2022 IN WP(C)NO.14395/2021.10ADDL.R10: THE KARUNAGAPPALLY MUNICIPALITY,
REPRESENTED BY ITS MUNICIPAL SECRETARY, SALEM-KOCHI-
KANYAKUMARI HIGHWAY, LALAJI JUNCTION, KARUNAGAPPALLI,
KERALA-690 518.
ADDL. R10 IMPLEADED AS PER ORDER DATED 02/03/2022 IN
IA.3/2022 IN WP(C)NO.14395/2021.
11ADDL-R11 THE SECRETARY
THE DEPARTMENT OF FINANCE,SECRETARIAT, TRIVANDRUM IS
SUO MOTU IMPLEADED AS PER ORDER DATED 15/11/2022 IN
WPC NO.14395/2021
BY ADVS.
S.RENJITH (SPL. GP.) WITH A.A.G.
SIJU KAMALASANAN, SC, THAZHAVA GRAMA PANCHAYATH
SUNIL JACOB JOSE
SADCHITH.P.KURUP
J.OM PRAKASH
M.R.SASITH
C.P.ANIL RAJ
R.K.CHIRUTHA
NEELANJANA NAIR
RANJITH E N
PREETI S.
HARIKUMAR P.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2022, ALONG WITH WP(C).5889/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 25TH DAY OF NOVEMBER 2022/4TH AGRAHAYANA, 1944
WP(C) NO. 19727 OF 2021
PETITIONER:
AJAIKUMAR VAZHAPPALLY K.V
AGED 49 YEARS
S/O.VIKRAMAN PILLAI,KRISHNA SOUTH WEST THAZHAVA P.O.,
KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADVS.
BINU GEORGE
HEMALATHA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM PIN 695 0012 CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM PIN 695 0013 REGISTRAR (DISTRICT JUDICIARY) HIGH COURT OF KERALA, ERNAKULAM, PIN 682 0314 DISTRICT COLLECTOR, CIVIL STATION, KOLLAM, PIN-691 013.5 MUNICIPAL SECRETARY, MUNICIPAL OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690 5186 TAHASILDAR, KARUNAGAPPALLY, PIN-690 518. BY ADVS. S.REJITH (SPL.GP) WITH A.A.G. M.R.SASITH SUNIL JACOB JOSETHIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.11.2022, ALONG WITH WP(C).5889/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY,THE 25TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944
WP(C) NO. 5889 OF 2022
PETITIONER:
MUHAMMED BASHEER A.,AGED 54 YEARS
KATTOOR VEEDU, S.V. MARKET P.O.,
KARUNAGAPPALLY, KOLLAM, PIN - 690573
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
S.K.ADHITHYAN
SABU PULLAN
GOKUL D. SUDHAKARAN
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-6950012 THE MUNICIPAL DIRECTOR,DIRECTORATE OF MUNICIPALITIES, SWARAJ BHAVAN, KOWDIAR P.O., NANTHANCODE, THIRUVANANTHAPURAM, PIN - 6950033 THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM., PIN - 6950134 KARUNAGAPPALLY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KARUNAGAPPALLY, KOLLAM., PIN - 6905185 THE SECRETARY,MUNICIPAL OFFICE, KARUNAGAPPALLY, KOLLAM, PIN - 6905186 FELIX BABU, FERNS LAND, CURZON NAGAR - 165, KACHERI JUNCTION, KOLLAM, PIN – 6910137 M. ANSAR,SHAJAHAN MANZIL, PADA SOUTH, KARUNAGAPPALLY, KOLLAM, PIN - 690518 BY ADVS.S. RENJITH (SPL.GP) WITH AAG
C.RAJENDRAN
B.K.GOPALAKRISHNAN
SIJU KAMALASANAN FOR THAZHAVA GRAMA PANCHAYATH
SUNIL JACOB JOSE FOR REGISTRAR (DISTRICT JUDICIARY )
J. OM PRAKASH FOR BAR ASSOCIATION KARUNAGAPALLY;
M.R.SASITH FOR KARUNAGAPALLY MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.11.2022, ALONG WITH WP(C).9382/2022, 14395/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 25TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944
WP(C) NO. 9382 OF 2022
PETITIONER:
FELIX BABU
AGED 69 YEARS,S/O.AMBROSE P FERNS,
RESIDING AT FERNS LAND CURZON NAGAR-165,
KACHERI JUNCTION,KOLLAM-691 013.
BY ADVS.
C.RAJENDRAN
B.K.GOPALAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM2 THE ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.3 THE DIRECTOR, DIRECTORATE OF LOCAL SELF GOVERNMENT, SWARAJ BHAVAN, NANTHANCAUD, KOWDIAR, 5TH FLOOR, THIRUVANANTHAPURAM-695 003.4 KARUNAGAPALLY MUNICIPALITY, REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE, KARUNAGAPALLY, KOLLAM-695 0185 MUHAMMED BASHEER A, AGED 54 YEARS, S/O MIHAMMED KUNJU, KATTOOR VEDDU, S.V.MARKET P.O. KARUNAGAPPALLY, KOLLAM-691 573.BY ADVS.
S.RENJITH (SPL.GP) WITH AAG
M.R.SASITH, SC FOR R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2022, ALONG WITH WP(C).5889/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
6
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
V.G.ARUN, J.
=========================== WP(C) Nos.14395 &19727 of 2021 & WP(c) Nos.5889 & 9382 of 2022
============================ Dated this the 25th day of November, 2022
COMMON JUDGMENT
The issue involved in this writ petition is regarding the identification and allotment of land for the construction of judicial complex at Karunagappally.
2. The essential facts are as under:-
Of the five Courts in Karunagappally, the Judicial First Class Magistrate Court and Munsiff's Court are functioning in the Mini Civil Station situated in the heart of the town. The Sub Court and the Fast Track (POCSO) Court are functioning in rented buildings. The Family Court is located at Kuttivattom in Panmana Grama Panchayat at a distance of more than 5 Kms from the civil station. A portion of the Mini Civil Station building will eventually be demolished for widening the National Highway. That will disrupt the functioning of the Magistrate and Munsiff's Court, which are, even otherwise, reeling under space
7
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
constraint. There has been a long standing demand for construction of a court complex in Karunagappally. So that all courts can function within one building. The correspondence in this regard between the District Judge, Kollam and the revenue officials started long back. As matters stood thus, the Thazhava Grama Panchayat, as per its decision dated 18.07.2017, decided to allot 39.47 Ares of land for constructing the court complex. The proposed land was found suitable for constructing the court complex. At the Panchayat’s request, the Government, as per G.O.(P) No.55/2018/LSGD dated 6.7.2018 decided to exempt the proposed land from the purview of Section 279(2) of the Kerala Panchayat Raj Act and to make the land available for constructing the court complex. Thereafter, availability of the land was brought to the notice of the Administrative Judge-in-charge on 17.10.2019. After that, things did not progress as expected. This ultimately resulted in the proposal being dropped. This was intimated to the Government vide letter dated 13.08.2019.
8
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
Karunagappally village belonging to the Kallada Irrigation Project is available for construction of the court complex. This was intimated to the Government as per letter dated 13.08.2019. Later, the District Collector, vide letter dated 31.12.2020, informed the District Judge that the Director of IHRD had intimated that the IHRD will not surrender the land to the judicial department. Hence, that proposal was also dropped.
9
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
therefore in the absolute possession and ownership of the Municipality. The Municipality having expressed its willingness to allot land within Karunagappally town for construction of court complex, the offer was discussed by the Administrative Judge-in-charge of Kollam District with other stakeholders and the land was found to be most suitable. The Municipality’s request for transferring its land to the judicial department is pending before the finance department of the Government.
10
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
11
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
in the heart of the Karunagappally town will only aggravate traffic congestion in the area.
12
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
Panchayat is far away from the town. It is contended that the vendor cannot impose a restrictive clause in the sale deed. Moreover, the vendor has already approached the Civil Court seeking to enforce the restrictive clause in the sale deed.
13
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
the land offered by the Municipality. The Government is also pursuing the matter earnestly.
the initial stage the land surrendered by Thazhava Grama Panchayat was found more suitable and hence further steps were taken with respect to that land. The proposal was later given up by the High court when no further action was forthcoming after issuance of the order exempting the land from Section 272 of the Kerala Panchayat Raj Act. Therefore, the High Court cannot be faulted for accepting the Municipality’s offer, the land being larger in extent and more suitable. The Panchayat cannot contend that the High Court and Government are estopped from constructing the court complex in any land other than the land surrendered by the Panchayat. A restrictive clause in the sale deed executed by the petitioner in WP(C) No.9382 of 2022 cannot also stand in the way of the Municipality transferring the land to the judicial department for
14
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
constructing the court complex. The major stakeholders, viz. the High Court, the Government and the Municipality having decided to construct the court complex in the Municipality’s land, this Court cannot sit in judgment over the decision, unless the decision is so patently arbitrary and irrational that no prudent person would take such a decision. I have no hesitation to hold that the decision is well thought out and hence not justiciable. The demand for a court complex at Karunagappally is pending since 1995 and it will be in the interest of all concerned to give a quietus to the dispute and commence construction at the earliest.
In the result, the writ petitions are dismissed, leaving it open for the Government, the High Court and the Karunagappally Municipality to hasten the process for transfer of the land offered by the Municipality to the judicial department and take steps for constructing the court complex at the earliest. The above objective can be obtained only if all the stakeholders work in tandem.
Sd/V.G.ARUN JUDGE
nk
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
15
APPENDIX OF WP(C) 14395/2021
PETITIONER EXHIBITS
Exhibit P1 |
TRUE COPY OF THE MINUTES OF THE DECISIONTAKEN BY THE 4TH RESPONDENT AS ITEM NO.17AT ITS MEETING HELD ON 18.07.2017 |
|---|---|
Exhibit P2 |
TRUE COPY OF THE REPORT GIVEN BY THE SUBJUDGE, KARUNAGAPPALLY TO THE DISTRICTJUDGE, KOLLAM DATED 2.8.2017 |
Exhibit P3 |
TRUE COPY OF THE DECISION NO.1/1 TAKEN BYTHE THAZHAVA GRAMA PANCHAYATH COMMITTEE ITSMEETING HELD ON 14.08.2017 |
Exhibit P4 |
TRUE COPY OF THE LETTER WRITTEN BY THEDISTRICT JUDGE, KOLLAM TO THE DISTRICTCOLLECTOR, KOLLAM DATED 1.11.2017 |
Exhibit P5 |
TRUE COPY OF THE GAZETTE NOTIFICATIONISSUED BY THE GOVERNMENT AS G.O(P) NO.55/2018/LSGD DATED 6.7.2018 |
Exhibit P6 |
TRUE COPY OF THE SCENE MAHASSAR PREPARED BYTHE VILLAGE OFFICER, THAZHAVA ALONG WITHTHE SKETCH OF THE PROPERTY DATED 28.10.2018 |
Exhibit P7 |
TRUE COPY OF THE LETTER WRITTEN BY THEDISTRICT JUDGE, KOLLAM TO THE 3RDRESPONDENT DATED 12.03.2019 |
Exhibit P8 |
TRUE COPY OF THE MINUTES OF THE VIDEOCONFERENCE HELD ON 17.10.2019 |
RESPONDENT EXHIBITS |
|
Exhibit R5(1) |
PHOTOCOPY OF OM NO.D9A(1)-69078/2000 DATED30-11-2019 OF THIS RESPONDENT. |
Exhibit R5(2) |
PHOTOCOPY OF LETTER NO.D9A(1)-69078/2000DATED 26-06-2020 OF THIS RESPONDENTADDRESSED TO THE SECRETARY, WATER RESOURCESDEPARTMENT. |
Exhibit R5(3) |
PHOTOCOPY OF THE REPRESENTATION DATED 2-8-2021 OF ADV. AJAIKUMAR. |
Exhibit R5(4) |
PHOTOCOPY OF THE LETTER NO.D9A(1)-69078/2000 DATED 20-11-2021 OF THISRESPONDENT ADDRESSED TO THE 2ND RESPONDENT. |
Exhibit R10(a) |
THE TRUE COPY OF THE RESOLUTION NO.1 TAKENBY THE MUNICIPALITY IN THE MEETING HELD ON7/2/2022 |
Exhibit R10(b) |
THE TRUE COPY OF THE SALE DEED NO.859 OF2014 OF KARUNAGAPPALLY SRO DATED 25/3/2014 |
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
16
Exhibit R10(C)THE TRUE COPY OF THE LAND TAX RECEIPT PAID
FOR 2019-20
Exhibit R10(d)THE TRUE COPY OF THE LOCATION SKETCH
PROPERTY
Exhibit R10(E)THE TRUE COPY OF THE POSSESSION CERTIFICATE
Exhibit R1O(F)THE TRUE COPY OF THE LETTER ISSUED BY THE
MUNICIPAL SECRETARY, KARUNAGAPPALLY TO THE
PRINCIPAL SECRETARY, KARUNAGAPPALLY DATED
10/2/2022
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
17
APPENDIX OF WP(C) 19727/2021
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE APPLICATION DATED
18.11.2014
Exhibit P2A TRUE COPY OF THE PUBLIC INTEREST
PETITION NO.PLP.337/15 DATED 30.3.2015
Exhibit P3TRUE COPY OF THE COMMUNICATION
NO.D9(A)-69078/2000 DATED 13.8.2015
Exhibit P4A TRUE COPY OF THE COMMUNICATION NO.
C-9558/14 DATED 1.6.2015
Exhibit P5A TRUE COPY OF THE REPRESENTATION DATED
2.8.2021 SUBMITTED BEFORE HON'BLE CHIEF
MINISTER
Exhibit P6A TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE REGISTRAR SUBORDINATE
JUDICIARY DATED 2.8.2021
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
18
APPENDIX OF WP(C) 5889/2022
PETITIONER EX |
HIBITS |
|---|---|
Exhibit-P1 |
TRUE COPY OF THE DECISION NO. 8(1) DATED17-12-2012 TAKEN BY THE 4TH RESPONDENTMUNICIPALITY |
Exhibit-P2 |
TRUE COPY OF THE SALE AGREEMENT EXECUTEDBETWEEN THE 4TH RESPONDENT AND 6THRESPONDENT DATED 22-03-2014 |
Exhibit-P3 |
TRUE COPY OF THE SALE DEED REGISTERED INFAVOUR OF THE 4TH RESPONDENT BY THE 6THRESPONDENT AS NO. 859/14/I DATED 25-03-2014 OF KARUNAGAPPALY SUB REGISTRY |
Exhibit-P4 |
TRUE COPY OF THE DECISION NO.1 DATED7-2-2022 TAKEN BY THE MUNICIPAL COUNCILOF THE 4TH RESPONDENT |
Exhibit-P5 |
TRUE COPY OF THE DISSENTING NOTE GIVEN BYSOME OF THE MEMBERS INCLUDING THE 7TH |
RESPONDENT DATED 7-2-2022 TO THE 5THRESPONDENT |
|
Exhibit-P6 |
TRUE COPY OF THE GOVERNMENT ORDER G.O.(P) NO. 55/2018/LSGD DATED 6-7-2018 |
Exhibit-P7 |
TRUE COPY OF THE REPRESENTATION FILED BYTHE PETITIONER BEFORE THE 1ST RESPONDENTDATED 14-02-2022 |
Exhibit8 |
TRUE COPY OF THE REPRESENTATION FILED |
BEFORE THE 2ND RESPONDENT BY THEPETITIONER DATED 14-02-2022 |
WP(C) No.14395 & 19727 of 2021; WP(C) No.5889 & 9382 of 2022
19
APPENDIX OF WP(C) 9382/2022
PETITIONER EXHIBITS
Exhibit |
P1ATRUEPHOTOCOPYOF |
THE |
|---|---|---|
DECISION/RESOLUTIONOFTHERESPONDENT DATED 17.12.2014 |
4TH |
|
Exhibit |
P2A TRUE PHOTOCOPY OF THE AGREEMENT22.3.2014 |
DATED |
Exhibit |
P3A TRUE PHOTOCOPY OF THE SALE DEED25.3.2014 |
DATED |
Exhibit |
P4A TRUE PHOTOCOPY OF THE ROUGH SKET |
CH |
Exhibit |
P5A TRUE PHOTOCOPY OF THE REPRESEN |
TATION |
OF THE PETITIONER TO 4TH RESPDATED 4.3.2015 |
ONDENT |
|
Exhibit |
P6A TRUE PHOTOCOPY OF THE REQUESTPETITIONER TO THE 4TH RESPONDENT15.5.2015 |
OF THEDATED |
Exhibit |
P7A TRUE PHOTOCOPY OF THE REPRESENBY THE PETITIONER TO THE 4TH RESPDATED 24.2.2021 |
TATIONONDENT |
Exhibit |
P8A TRUE PHOTOCOPY OF THE PHOTOS S |
HOWING |
THE BUS STAND AND THE PROPCEMENTED LAND |
ERTIES |
|
Exhibit |
P9A TRUE PHOTO SHOWING THE BUILDITOILET ETC |
NG FOR |
Exhibit |
P10A TRUE PHOTO OF THE INDICATIONAND THE SURROUNDINGS |
BOARDS |
Exhibit |
P11A TRUE PHOTO SHOWING THE PUBLICAND ENTRANCE TOWARDS THE BUS STAND |
ROAD |
Exhibit |
P12A TRUE PHOTOCOPY OF THE RESODATED 7.2.2022 OF THE 4TH RESPONDE |
LUTIONNT |
Exhibit |
P13A TRUE PHOTOCOPY OF THE GOVEORDER GO(F) NO 55/2018/LSGD6.7.2018 |
RNMENTDATED |
3 issues framed by the court
Whether the High Court erred in declining to direct construction of a court complex on land offered by the Municipality after abandoning land offered by a Panchayat.
Whether the Municipality had the legal right to allot land purchased for a private bus stand for constructing a judicial complex despite a restrictive clause.
Whether the decision to proceed with the Municipal land was arbitrary or irrational.
2 provisions across 1 enactments
M.A.AZAD
AJAIKUMAR VAZHAPPALLY K.V
MUHAMMED BASHEER A.
FELIX BABU
STATE OF KERALA
KARUNAGAPPALLY MUNICIPALITY
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court