Highway Garden(P)Ltd vs State Of Kerala on 13 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 20859 of 2007(G)


1. HIGHWAY GARDEN(P)LTD.,
                      ...  Petitioner

                        Vs



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

2. THE DISTRICT COLLECTOR,

3. THE TAHSILDAR, DEVICOLAM.

4. THE VILLAGE OFFICER, PALLIVASAL.

                For Petitioner  :SRI.GEORGE THOMAS (MEVADA)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :13/07/2007

 O R D E R
                         S. SIRI JAGAN, J.
                      --------------------------
                  W.P.(C)NO.20859 OF 2007
                       -------------------------
          DATED THIS THE 13th DAY OF JULY, 2007

                             JUDGMENT

The petitioner challenges proceedings under the Cardamom

(Travancore) Rules, 1935. Notices have been issued. The

petitioner has filed his objections and matter was heard. The

petitioner filed this writ petition apprehending that immediately

after passing orders, the same would be implemented demolishing

the petitioner’s building.

2. I have heard the learned Government pleader also. In

so far as against the orders to be passed, the petitioner has a right

of appeal before the Appellate Authority, I am of opinion that the

respondents should give the petitioner a breathing time to file an

appeal against the orders to be passed if the same is against the

petitioner.

In the above circumstances, the writ petition is disposed of

with a direction that the orders to be passed pursuant to the

impugned proceedings shall not be implemented for a period of

seven days of passing the order so as to enable the petitioner to

W.P.(c)No.20859/07 2

move the Appellate Authority and obtain stay.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd