The Parsi Anjuman Cannanore vs State Of Kerala on 27 July, 2011

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Kerala High Court

The Parsi Anjuman Cannanore vs State Of Kerala on 27 July, 2011

Bench: Antony Dominic

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13722 of 2011(M)


1. THE PARSI ANJUMAN CANNANORE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE VILLAGE OFFICER,

3. POOCHALI CHANDRAN, S/O. KUNJABU,

                For Petitioner  :SRI.V.RAMKUMAR NAMBIAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/07/2011

 O R D E R
                      ANTONY DOMINIC, J.
         ----------------------------------------------------
                  W.P.(C) No. 13722 OF 2011
        -----------------------------------------------------

             Dated this the 27th day of July, 2011

                         J U D G M E N T

Petitioner is aggrieved by Ext.P7, a notice issued by the 2nd respondent, requiring the petitioner to stop all developmental activities in the property mentioned therein including altering the building mentioned in the notice.

2. According to the learned Government Pleader this notice was issued by the 2nd respondent based on the instructions of the District Collector, Kannur. It is also submitted that subsequently an enquiry was conducted by the 2nd respondent and he made a report to the District Collector, confirming that the petitioner has absolute title and ownership over the property mentioned in Ext.P7 and recommended that the ban order be lifted. It is also submitted that based on the report final orders have to be passed by the District Collector.

W.P.(C) No. 13722 OF 2011 :2 :

3. From the instructions obtained by the learned Government Pleader, a copy of which was made available to the court, it is seen that Village Officer has recommended that the ban order be lifted. Now such a recommendation has been made and as Ext.P7 was issued based on the instructions of the District Collector, I direct the District Collector to consider the issue in relation to the property mentioned in Ext.P7 in the light of the report submitted by the 2nd respondent. This shall be done as expeditiously as possible at any rate within eight weeks from the date of receipt of a copy of this judgment. In the meanwhile the status quo as on today will continue. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the District Collector who shall comply with the above direction.

ANTONY DOMINIC, JUDGE ul/-

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