Sunil Vs. State of Kerala

Sunil vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 18, 2013

~3 min read

https://sooperkanoon.com/case/1101799

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1101799
Court: Kerala High Court
Judge: Honourable Mr.Justice P.R.Ramachandra Menon
Decided On: Dec 18, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Sunil

Respondent

State of Kerala

Excerpt

.....for excavation of red earth from petitioner's property." 2. when the matter is taken up for consideration, the learned counsel for the petitioner submits that the grievance of the petitioner has also been projected by way of ext.p3 representation which is pending consideration before the second respondent and that the petitioner will be satisfied, if a direction is given to the said respondent to consider and dispose of the same in the light of ext.p8 which stands in support of the petitioner, within a reasonable time.3. heard the learned government pleader appearing for the respondents. w.p.c. no. 31470 of 2013 -2- 4. considering the limited nature of relief sought for, this court does not find it necessary to go into the merits of the case. in the said circumstance, the writ petition is disposed of, directing the second respondent to consider and pass appropriate orders on ext.p3 in accordance with law, also in the light of ext.p8 g.o and other relevant orders, if any, after giving an opportunity of hearing to the petitioner and other interested parties, if any, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. the petitioner shall produce a copy of the judgment along with a copy of the writ petition before the second respondent for further steps. p.r. ramachandra menon, judge. kp/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE18H DAY OF DECEMBER201327TH AGRAHAYANA, 1935 WP(C).No. 31470 of 2013 (G) ---------------------------- PETITIONER(S): -------------- SUNIL AGED35YEARS S/O.SOMAN, THACHADIVADAKATHIL, PUTHIYAKAVU MURI MAVELIKKARA. BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): -------------- 1. STATE OF KERALA REP. BY SECRETARY OF INDUSTRIES, SECRETARIAT THIRUVANANTHAPURAM. 689001 2. DISTRICT COLLECTOR COLLECTORATE, ALAPPUZHA. 688001 3. REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, CHENGANNUR. 689121 4. THE DIRECTOR SECRETARIAT OF SEAC & SEIAA, PALLIMUKKU, PETTA.P.O. THIRUVANANTHAPURAM. 689001 BY GOVERNMENT PLEADER SMT. K.T. LILLY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1812-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31470 of 2013 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P1 - COPY OF THE TAX RECEIPT. EXT.P2 - COPY OF THE LETTER DATED72.2013 ISSUED BY THE PWD, ASST.ENGINEER ROAD SECTION, HARIPPAD. EXT.P3 - COPY OF THE APPLICATION BEFORE THE3D RESPONDENT DATED151.13. EXT.P4 - COPY OF THE REPORT AS WELL AS MAHAZAR OF VILLAGE OFFICER DATED34.13. EXT.P5 - COPY OF THE REPORT TO THE3D RESPONDENT DATED224.13. EXT.P6 - COPY OF THE REPORT TO THE IST RESPONDENT BY THE2D RESPONDENT DATED235.13. EXT.P7 - COPY OF THE LETTER ISSUED BY THE DIRECTOR OF SEIAA DATED2410.13. EXT.P8 - COPY OF THE G.O(M.S)NO.144/2012/ID DATED1112.12. RESPONDENT(S)' EXHIBITS: NIL ----------------------- TRUE COPY P.A TO JUDGE. KP P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 31470 of 2013 -------------------------------------------- Dated this the 18th day of December, 2013 JUDGMENT

The petitioner has approached this Court with the following prayers: "i. To issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent be directed to consider and dispose exhibit P3 application on the light of Ext.P8. ii. Issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to extend the time limit for excavation of red earth from petitioner's property." 2. When the matter is taken up for consideration, the learned counsel for the petitioner submits that the grievance of the petitioner has also been projected by way of Ext.P3 representation which is pending consideration before the second respondent and that the petitioner will be satisfied, if a direction is given to the said respondent to consider and dispose of the same in the light of Ext.P8 which stands in support of the petitioner, within a reasonable time.

3. Heard the learned Government Pleader appearing for the respondents. W.P.C. No. 31470 of 2013 -2- 4. Considering the limited nature of relief sought for, this Court does not find it necessary to go into the merits of the case. In the said circumstance, the writ petition is disposed of, directing the second respondent to consider and pass appropriate orders on Ext.P3 in accordance with law, also in the light of Ext.P8 G.O and other relevant orders, if any, after giving an opportunity of hearing to the petitioner and other interested parties, if any, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the second respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. kp/-

Same Court & Year Kerala · 2013 Same Parties Sunil vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice P.R.Ramachandra Menon