Citation : 2023 Latest Caselaw 12831 Ker
Judgement Date : 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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