Citation : 2022 Latest Caselaw 10978 Ker
Judgement Date : 3 November, 2022
WP(C) No.29656/2022 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Thursday, the 3rd day of November 2022 / 12th Karthika, 1944
WP(C) NO. 29656 OF 2022(F)
PETITIONER:
M.RAJAGOPALAN NAIR,'AISWARYA', DIVANPURAM HOUSING COLONY,
MOOLAVATTOM P.O., KOTTAYAM-686 012.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO LOCAL SELF
GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, HOUSING
BOARD'S BUILDINGS,SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.
3. KOCHI MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, ERNAKULAM
MAIN P.O., KOCHI-682 011.
4. ASSISTANT EXECUTIVE ENGINEER, VYTTILA ZONAL OFFICE OF KOCHI
MUNICIPAL CORPORATION, ERNAKULAM, KOCHI-682 019.
5. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM, KOCHI-682 011.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to call for the records relating to Exhibit P10 from the 4th
respondent urgently, pending disposal of the above Writ Petition (civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. N.SUKUMARAN SENIOR ADVOCATE along with M/S. S.SHYAM, N.K.KARNIS,
V.K.BALACHANDRAN, VINAY KUMAR VARMA, DRISHYA K.PRAKASH & AMALENDU A.
Advocates for the petitioner, the court passed the following:
ORDER
Standing Counsel for the Kerala State Housing Board (KSHB) submits that the land was acquired in the year 1981 by KSHB for residential purposes alone. Plot No.33 was allotted to the petitioner in the year 1983.
This court finds that in that view of the matter, prima facie the judgment of this Court in State of Kerala and others V.Binu Mathew Chacko and others (2020 (6) KHC 717) will apply.
Senior Government Pleader to get instructions in this regard.
Post on 08.11.2022.
Sd/- N.NAGARESH JUDGE
03-11-2022 /True Copy/ Assistant Registrar
WP(C) No.29656/2022 2/2
APPENDIX OF WP(C) 29656/2022
Exhibit P10 TRUE COPY OF ORDER OF 4TH RESPONDENT DATED 21.07.2022
REJECTING EXT.P9.
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