High Court Kerala High Court

R.Nagesh vs Trivandrum Development … on 15 September, 2008

Kerala High Court
R.Nagesh vs Trivandrum Development … on 15 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12409 of 2005(B)


1. R.NAGESH, S/O.RAMASWAMY MOOPPANAR,
                      ...  Petitioner
2. R.SREENIVASSAN, S/O.RAMASWAMY-

                        Vs



1. TRIVANDRUM DEVELOPMENT AUTHORITY,
                       ...       Respondent

2. THE SPECIAL TAHSILDAR, ADDL.L.A.UNIT,

3. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.N.J.JOHNSON

                For Respondent  :SRI.K.A.JALEEL,SC,TRIDA

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :15/09/2008

 O R D E R
                        PIUS C. KURIAKOSE, J.
               -----------------------------------------------
                       W.P(C). No. 12409 of 2005
               -----------------------------------------------
             Dated this the 15th day of September, 2008

                            J U D G M E N T

On behalf of Mr. K.A. Jaleel, standing counsel for TRIDA it is

submitted that he has not yet been served with a copy of this writ

petition. There is no representation for the petitioner. However, it is

noticed that on 19-8-2008 after going through the writ petition, the

Govt. Pleader was directed to seek instructions and file a statement as

to whether Ext.P5 has been disposed of and if so, with what result.

Smt.Latha T.Thankappan, senior Govt. Pleader sought for time. But I

find that Ext.P5 application which is in essence an application for

reference under section 18, though several other prayers are also

made therein, was submitted as early as on 1-4-2005. Accordingly I

dispose of the writ petition issuing the following directions.

If Ext.P5 is even now pending with the second respondent, that

respondent will take up Ext.P5 immediately, construe the same as an

application for reference under section 18, take a correct decision on

Ext.P5 and communicate that decision to the petitioner. The above

directions need not be complied with if decision is already taken on

Ext.P5.

(PIUS C.KURIAKOSE, JUDGE)

ksv/-