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Sulaksh Koliyott vs State Of Kerala
2023 Latest Caselaw 12831 Ker

Citation : 2023 Latest Caselaw 12831 Ker
Judgement Date : 8 December, 2023

Kerala High Court

Sulaksh Koliyott vs State Of Kerala on 8 December, 2023

 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                  PRESENT
     THE HONOURABLE MR.JUSTICE MURALI
              PURUSHOTHAMAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH
             AGRAHAYANA, 1945
           WP(C) NO. 40750 OF 2023



PETITIONER/S:

      SULAKSH KOLIYOTT
      AGED 52 YEARS
      S/O SURESH BABU KOLIYOTT HOUSE,
      KOOTTOOLI, KOZHIKODE -, PIN - 673016
      BY ADVS.
      SHARAN SHAHIER
      ITTY PAULSON
      STEPHY MARY SAJI
      TREESA SHAJI


RESPONDENTS:

  1   STATE OF KERALA
      REPRESENTED BY SECRETARY TO
      GOVERNMENT LOCAL SELF GOVERNMENT (RC)
      DEPARTMENT THIRUVANANTHAPURAM, PIN -
      695001

  2   THE SECRETARY,
      DISTRICT PANCHAYATH KOZHIKODE CIVIL
      STATION, KOZHIKODE, PIN - 673020

  3   THE DISTRICT COLLECTOR
      KOZHIKODE DISTRICT COLLECTOR OFFICE,
      KOZHIKODE COLLECTORATE, CIVIL STATION
      P.O, KOZHIKODE, PIN - 673020
 W.P.(C) No.40750/2023
                         2




OTHER PRESENT:

           SR.GP. SMT. DEEPA NARAYANAN


    THIS WRIT PETITION (CIVIL) HAVING
COME UP FOR ADMISSION ON 08.12.2023, THE
COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.40750/2023
                                 3




          MURALI PURUSHOTHAMAN, J.
     ---------------------------------------------
            W.P.(C) No. 40750 of 2023
   -------------------------------------------------
      Dated this the 8th day of December, 2023


                           JUDGMENT

The Government of Kerala had accorded

permission to the District Panchayat, Kozhikode to

acquire 9.72 acres of land for construction of an

industrial estate at Nellalam in Kozhikode District.

The Government had declared the said land as

industrial land and the land was divided into plots

and was allotted to industrialists. The petitioner

made an application for allotment of plot in the said

industrial estate and plot was allotted and Ext.P1 is

the agreement dated 20.08.2010 entered into by

the petitioner with the 2 nd respondent. The

petitioner remitted the entire amount due to the 2 nd

respondent in various installments as evident by

Exts.P2 to P8. After remitting the entire amount,

the petitioner submitted an application to register

the rights in the land in his name. Since there was

delay in registering the land in the name of the

petitioner, he submitted Ext.P9 representation dated

20.06.2018 before the 2nd respondent requesting to

expedite the process of registration. Since Ext.P9

is not so far considered by the 2 nd respondent, the

petitioner has filed this writ petition.

2. Heard the learned counsel for the

petitioner and the learned Government Pleader for

the respondents.

In the facts and circumstances of the case and

having regard to the submissions made across the

Bar, there will be a direction to the 2 nd respondent to

consider Ext.P9 representation as expeditiously as

possible, at any rate, within a period of two months

from the date of receipt of a copy of this judgment,

after notice to the petitioner.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

APPENDIX OF WP(C) 40750/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AGREEMENT DATED 20.08.2010 Exhibit P2 THE TRUE COPY OF THE RECEIPT FOR THE PAYMENT TOWARDS THE HIRE PURCHASE INSTALLMENTS ON 30.06.2010 FOR AN AMOUNT OF RS. 5,97,360/-

Exhibit P3 THE TRUE COPY OF THE RECEIPT FOR THE PAYMENT TOWARDS THE HIRE PURCHASE INSTALLMENTS ON 07.06.2011 FOR AN AMOUNT OF RS. 2,38,680/-

Exhibit P4 THE TRUE COPY OF THE RECEIPT FOR THE PAYMENT TOWARDS THE HIRE PURCHASE INSTALLMENTS ON 22.09.2011 FOR AN AMOUNT OF RS. 2,17,261/-

Exhibit P5 THE TRUE COPY OF THE RECEIPT FOR THE PAYMENT TOWARDS THE HIRE PURCHASE INSTALLMENTS ON 25.09.2012 FOR AN AMOUNT OF RS. 9,00,000/-

Exhibit P6 THE TRUE COPY OF THE RECEIPT FOR THE PAYMENT TOWARDS THE HIRE PURCHASE INSTALLMENTS ON 22.07.2013 FOR AN AMOUNT OF RS. 6,15,000/-

Exhibit P7 THE TRUE COPY OF THE RECEIPT FOR THE PAYMENT TOWARDS THE HIRE PURCHASE INSTALLMENTS

ON 02.08.2014 FOR AN AMOUNT OF RS. 11,42,405/-

Exhibit P8 THE TRUE COPY OF THE RECEIPT FOR AN AMOUNT OF RS.

1,38,814/- DATED 08.10.2020 Exhibit P9 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 20.06.2018 Exhibit P10 THE TRUE COPY OF THE LETTER NUMBERED P 7-3550/15 DATED 09.07.2021 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT Exhibit P11 A TRUE COPY OF THE RTI REPLY DATED 13.06.2018

 
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