High Court Kerala High Court

John Jacob vs State Of Kerala on 12 July, 2010

Kerala High Court
John Jacob vs State Of Kerala on 12 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 620 of 2010(N)


1. JOHN JACOB, AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. PRINCIPAL SECRETARY TO THE GOVERNMENT,

3. THE CHAIRMAN (PRINCIPAL SECRETARY

4. DIRECTOR OF INDUSTRIES AND COMMERCE,

5. THE PRINCIPAL SECRETARY, LOCAL SELF

6. THE SECRETARY, VAZHAPPALLY GRAMA

                For Petitioner  :SRI.M.V.THAMBAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :12/07/2010

 O R D E R
                       ANTONY DOMINIC, J.
                  -------------------------
                       R.P.No.620 of 2010
                                 in
                   W.P.(C.) No.2335 of 2010 (N)
             ---------------------------------
              Dated, this the 12th day of July, 2010

                             O R D E R

Relying on Annexure A1 agreement allegedly executed by the

petitioner and the owner of land on 31/10/2007, learned counsel

for the petitioner submits that the findings in paragraph 5 of the

judgment that the petitioner has no title or claim over the land

identified by the Panchayat for acquisition is incorrect. On that

ground, learned counsel seeks review of the judgment.

2. The issue raised in the writ petition was that clearance

for setting up an industry was declined on the ground that the water

source identified by the petitioner was one identified by the

Panchayat for acquisition. Therefore, even if there is an agreement,

which is said to be executed between the petitioner and the land

owner, since the land in question is identified for acquisition under

the provisions of the Land Acquisition Act, the existence of the

agreement would not have made any impact on the conclusion in

R.P.No.620/2010 in WP(C) No.2335/2010

-2-

the judgment. Even otherwise, the case was decided on the

materials produced, and the arguments advanced and Annexure A1

agreement now relied on were not a part of record in the writ

petition.

Therefore, I am not persuaded to review the judgment. The

review petition is dismissed.

(ANTONY DOMINIC, JUDGE)

jg