N.Murugan Master vs District Collector
2024 Latest Caselaw 32066 Ker

Kerala High Court

N.Murugan Master vs District Collector on 7 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                     &
                     THE HONOURABLE MR. JUSTICE S.MANU
        Thursday, the 7th day of November 2024 / 16th Karthika, 1946
                             WA NO. 544 OF 2023
    AGAINST JUDGMENT DATED 11.08.2021 IN WP(C) 17552/2019 OF THIS COURT
APPELLANT/PETITIONER IN W.P.(C):

     N.MURUKAN MASTER, AGED 76 YEARS , S/O. NARIYA MOOPPAN, DASANNOOR,
     MATTATHUKADU P.O., ATTAPADY, MANNARKAD TALUK, PALAKKADU DISTRICT,
     PIN-678581.

BY ADVS. M/S. RUSSEL JOY & JOHN JOSEPH(ROY)

RESPONDENTS/RESPONDENTS IN W.P.(C):

  1. DISTRICT COLLECTOR, PALAKKAD DISTRICT,CIVIL STATION,PALAKKAD-678001
  2. REVENUE DIVISIONAL OFFICER OTTAPALAM, PALAKKAD DISTRICT- 679101
  3. *N S BAYYA 9/23 SENGUPTHA STREET, RAM NAGAR, COIMBATORE-09.
     *DECEASED
  4. **ADDL.R4:S.B. SRINIVASAN , AGED 59 YEARS,S/O. LATE N.S. BAIYA, 54
     SENGUPTHA STREET, RAM NAGAR, COIMBATORE -641009.
  5. ADDL.R5:SHEILA PRADEEP CHINTALA, D/O. LATE N.S. BAIYA, 3-5-167/40
     G-2, SRI LAKSHMI RESIDENCY, STREET NO.1, VENKATESWARA COLONY,
     NARAYANAGUDA, HIMAYATHNAGAR, HYDERABAD, ANDRA PRADESH-500029.
  6. ADDL.R6:SASIKALA MURALIDHARAN, D/O. LATE N.S. BAIYA, 4 969 KALLATT,
     COVENT ROAD, VADAKARA P.O., VADAKARA, KOZHIKODE, KERALA - 673 101.
  7. ADDL.R7:SANTHA THOMAS, D/O. LATE N.S. BAIYA,MENACHERRY HOUSE,
     TRINITY JUNCTION, NAYARAMBALAM, ERNAKULAM, KOCHI,
     KERALA-682509.**THE LEGAL HEIRS OF DECEASED R3 ARE IMPLEADED AS
     ADDL.R4 TO R7 AS PER ORDER DTD 1/2/24 IN IA 1/24 IN WA 544/23.

BY ADV K P HARISH, SENIOR GOVERNMENT PLEADER FOR R1 & R2

ADV. R. PARTHASARATHY FOR R3 TO R7

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to issue and interim order staying the Operation of Exhibit P-7 order
dated 02-05-2019 issued by the 1st Respondent/District Collector, for the
ends of Justice. Pending disposal of the Writ Appeal.
     This Writ Appeal again coming on for orders on 07/11/2024 upon
perusing the appeal memorandum and this court's order dated 28/10/2023,
the Court on the same day passed the following:
                            Nitin Jamdar, C.J. & S. Manu, J.
                            =-=-=-=-=-=-=-=-=-=-=-=-=-=
                                 W.A.No.544 of 2023
                            =-=-=-=-=-=-=-=-=-=-=-=-=-=
                       Dated this the 7th day of November, 2024

                                           ORDER

Nitin Jamdar, C.J.

Heard Mr.Russel Joy, learned counsel appearing for the Petitioner and Mr.T.Krishnanunni instructed by Mr. R. Parthasarathy, learned counsel appearing for Respondent Nos. 3, 4, 5, 6 and 7.

2. The learned Single Judge has passed a detailed order examining all the records keeping in mind that the Petitioner is a Tribal. The order of the learned Single Judged runs into 10 pages, wherein the learned Single Judge has considered all the records. The learned counsel for the Petitioner seeks time to advance legal and factual contentions.

3. At his request, post on 5 December 2024

sd/-

Nitin Jamdar Chief Justice

sd/-

S. Manu Judge Nsd

07-11-2024 /True Copy/ Assistant Registrar