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Jaffar vs the State of Kerala

Jaffar vs The State of Kerala

Type Court Judgment Court Kerala Decided Mar 03, 2023
~2 min read
https://sooperkanoon.com/case/1390335

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/23815/2013

Parties & Advocates

Appellant / Petitioner

Jaffar

Respondent

The State of Kerala

Excerpt

.....by its member secretary, sasthri bhavan, pattom, thiruvananthapuram-4.by advs. sri.prakash c.vadakkan. j., sc, kczma prakash m p this writ petition (civil) having come up for admission on 03.03.2023, the court on the same day delivered the following: mohammed nias c.p., j ….......................................... w.p.(c).no. 23815 of 2013 …......................................................... dated this the 3rd day of march, 2023judgmentthis writ petition is filed to direct the 2 nd respondent, not to commence any slaughter house in the proposed area, concerning which acquisition was referred to in ext.p1.2. this court passed an order on 24.02.2023, directing the 2nd respondent to file a statement indicating the present status of the project proposed.3. today, when this matter is taken up for furtherconsideration, the learned counsel for the corporation submits that the proposed project has not been impleaded so far. the said submission is recorded and this writ petition is closed with prejudice to the right of the petitioner to approach the authorities or this court in case there is any fresh cause of action. sd/- mohammed nias c.p., judge dxy appendix of wp(c) 23815/2013 petitioner exhibits exhibit-p1: a true copy of the election identity card of the 1st petitioner dated 19/9/09. exhibit-p2: a true copy of the election identity card of the 2nd petitioner dated 21/7/98.exhibit-p3: a true copy of the judgmentin w.p.(c) no.31955 of 08 of this hon'ble court dated 3/8/09. exhibit-p4: a true copy of the representation submitted by the local politicians dated nil.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 3RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 WP(C) NO. 23815 OF 2013 PETITIONER/S: 1 JAFFAR S/O.KUTTI HASSAN, KALLICHEED HOUSE, NINAMVALAPU, 2 N.V.ALI S/O.HYDROSE, KOTHI BEACH, 15/2157, NINAMVALAPU, KOZHIKODE-3. BY ADV SRI.G.SREEKUMAR (CHELUR) RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE CORPORATION OF CALICUT REPRESENTED BY ITS SECRETARY, KOZHIKODE P.O., KOZHIKODE DISTRICT. 3 THE COASTAL ZONE MANAGEMENT AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY, SASTHRI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4.

BY ADVS. SRI.PRAKASH C.VADAKKAN. J., SC, KCZMA Prakash M P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MOHAMMED NIAS C.P., J ….......................................... W.P.(C).No. 23815 of 2013 …......................................................... Dated this the 3rd day of March, 2023

JUDGMENT

This writ petition is filed to direct the 2 nd respondent, not to commence any slaughter house in the proposed area, concerning which acquisition was referred to in Ext.P1.

2. This Court passed an order on 24.02.2023, directing the 2nd respondent to file a statement indicating the present status of the project proposed.

3. Today, when this matter is taken up for further

consideration, the learned counsel for the Corporation submits that the proposed project has not been impleaded so far. The said submission is recorded and this writ petition is closed with prejudice to the right of the petitioner to approach the authorities or this Court in case there is any fresh cause of action. Sd/- MOHAMMED NIAS C.P., JUDGE Dxy APPENDIX OF WP(C) 23815/2013 PETITIONER EXHIBITS EXHIBIT-P1: A TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 1ST PETITIONER DATED 19/9/09. EXHIBIT-P2: A TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 2ND PETITIONER DATED 21/7/98.

EXHIBIT-P3: A TRUE COPY OF THE JUDGMENT

IN W.P.(C) NO.31955 OF 08 OF THIS HON'BLE COURT DATED 3/8/09. EXHIBIT-P4: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE LOCAL POLITICIANS DATED NIL.

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