B. Ambu vs District Collector on 19 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27436 of 2006(N)


1. B. AMBU, S/O. KUNHAMBU,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, KASARAGOD.
                       ...       Respondent

2. MANAGING DIRECTOR,

3. TECHNICAL MANAGER,

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :19/09/2008

 O R D E R
                            KURIAN JOSEPH, J.
                   -----------------------------------------
                       W.P(C) No.27436 of 2006
                   -----------------------------------------
             Dated this the 19th day of September, 2008

                                 JUDGMENT

The writ petition is filed mainly with the following prayer:-

ii) Issue a writ of mandamus or any other
appropriate writs, directions or orders commanding the
respondents 1 and 2 to refix the compensation to the
petitioner for dispossessing him from 1.27 acres of land
after proper enquiry and with notice to the petitioner.

It is for the petitioner to approach the civil court in view of the

disputed questions of fact as referred to in the counter affidavit filed by

the first respondent. The writ petition is disposed of without prejudice

to the liberty to the petitioner to approach the civil court making it also

clear that in the event of the petitioner approaching the civil court, the

time taken for prosecuting this writ petition shall stand excluded while

computing the period of limitation. In case the sanctioned amount of

Rs.20,000/- has not yet been disbursed to the petitioner, the same

shall be disbursed to the petitioner within a period of two months from

the date of production of a copy of this judgment by the petitioner.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

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W.P(C).No.27436 of 2006

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JUDGMENT

19th September, 2008