IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 689 of 2008(F)
1. R. NIRANJAN,MANKEEZHU VEEDU, MUTTATHARA,
... Petitioner
2. DEEPA K.S.,GEETHA BHAVANAM,
Vs
1. THE DISTRICT COLLECTOR
... Respondent
For Petitioner :SRI.B.JAYASURYA
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/01/2008
O R D E R
M.N.KRISHNAN, J.
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W.P.(C). NO. 689 OF 2008
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Dated this the 7th day of January, 2008
J U D G M E N T
This writ petition is preferred against the order of the 1st Additional
Subordinate Judge, Thiruvananthapuram, in IA 6358/07 in LAR 371/03.
The said application is for issuance of a Commission to ascertain the
actual extent acquired for the purpose of the road from the property
belonging to the claimants. The court simply dismissed that application on
the ground that it is filed after a period of seven years.
2. Heard both sides. I am at a loss to understand how it has
calculated it as seven years when the acquisition is in 2002 and disposal is
in 2007. Whatever it may be, the learned Subordinate Judge should have
considered the matter on merits and then to decide the issue.
Therefore, I set aside the order and direct the court below to
consider the matter afresh after hearing both sides and find out whether it
is legally permissible at this stage to find out the actual extent of property
acquired from the petitioners.
Both parties are directed to appear before the court below on
18.2.08.
M.N.KRISHNAN, JUDGE
vps