Ramachandran Asan vs Mr.Rajendran Nair on 12 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 1607 of 2006(S)


1. RAMACHANDRAN ASAN, AGED 54,
                      ...  Petitioner
2. MEENAKSHI AMMA, SANKARA VILASOM

                        Vs



1. MR.RAJENDRAN NAIR, SECRETARY PARAVUR
                       ...       Respondent

2. MR.K.PURUSHOTAM KURUP, AGED ABOUT 54,

3. T.K.JOSE, GOVERNMENT SECRETARY,

                For Petitioner  :SRI.R.S.KALKURA

                For Respondent  :MNS ASSOCIATES

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :12/02/2007

 O R D E R
                             PIUS C. KURIAKOSE, J.

                  ..........................................................

                      CONT. CASE (C) No.1607 OF 2006

                 ...........................................................

                  DATED THIS THE 12TH FEBRUARY, 2007


                                   J U D G M E N T

Mr.B.Sureshkumar, counsel for respondents 1 and 2 submits that

it was without noticing the directions in Annexure-A1 judgment that

the Municipality requested the Government for permission to invoke

the emergency provisions under the Land Acquisition Act. In fact,

such a course became necessary for complying with the directions in

another judgment passed by this Court. But now that it is revealed

that invocation of the emergency provisions for acquiring the property

of the petitioner will be illegal in terms of Annexure-A1, the

Municipality has already written to the Government to recall the

permission already granted for invocation of the emergency provisions

for acquiring the petitioner’s property. I record the above submissions

and close the Contempt of Court Case. It is made clear that it will be

open to the respondents to initiate proceedings for acquisition under

the ordinary provisions of the Act.

(PIUS C. KURIAKOSE, JUDGE)

tgl

WP(C)N0. -2-