Muraleedharan T.K. v. the District Collector
Case brief
What is this about?
In a writ petition, the Court set aside an order by the District Collector cancelling a Revenue Divisional Officer's decision to remove land from the Data Bank. The Court held the cancellation was without statutory authority and violated principles of natural justice by failing to provide hearing before setting aside a decision that the petitioners relied upon for building permits.
What did the court decide?
Ext.P6 order passed by District Collector directing set aside of Ext.P4 order is quashed as it violates principles of natural justice.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
WP(C) NO. 1320 OF 2023
PETITIONERS:
- 1 MURALEEDHARAN T.K., AGED 60 YEARS, S/O. DAMODARAN NAMBEESHAN, GOKULAM, THEKKETHARA, AKATHETHARA, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678008
- 2 SAVITHRI P.A., AGED 56 YEARS, W/O. MURALEEDHARAN, T.K., GOKULAM, THEKKETHARA, AKATHETHARA, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678008
3 N.K. VASU PANICKAR, AGED 76 YEARS, S/O. K.P.B. PANICKAR, FLAT NO.15, CANARA APARTMENT, ROHINI SECTOR - 13, NEW DELHI, PIN - 110085
BY ADVS. DHANYA P.ASHOKAN M.R.VENUGOPAL S. MUHAMMAD ALIKHAN
RESPONDENTS:
Issues for consideration
3 issues framed by the court
Whether the District Collector's order setting aside the Revenue Divisional Officer's removal of land from Data Bank is valid despite the absence of statutory authority for review.
Whether the District Collector's cancellation of the previous order without hearing the petitioners violates the principles of natural justice.
Whether a prior order removing land from Data Bank relied upon by the petitioners can be cancelled ex parte.
Parties & counsel
- petitioner
Murali Nedungadi
- petitioner
N.K. Vasu Panicker
- respondent
District Collector, Civil Station, Palakkad
- respondent
Revenue Divisional Officer, Revenue Divisional Office, Palakkad
Coram
Case details
As recorded by the court registry
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