Kerala High Court
U.Abbas vs State Of Kerala on 18 March, 2016
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 3RD DAY OF APRIL 2017/13TH CHAITHRA, 1939
WP(C).No. 11388 of 2017 (W)
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PETITIONER:
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U.ABBAS,
S/O USSAINAR, AGED 37 YEARS,
INDUSTRIAL ESTATE,PUDUPPARIYARAM P.O.
PALAKKAD
BY ADVS.SRI.JACOB SEBASTIAN
SRI.K.A.SIYAD
SRI.K.V.WINSTON
SMT.ANU JACOB
RESPONDENT(S):
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1. STATE OF KERALA,
REP. BY SECRETARY, IRRIGAITON DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695 001
2. THE CHIEF ENGINEER,
PROJECT/IRRIGATION DEPARTMENT,
KAUVERY CELL, WEST HILL, KOZHIKODE- 673 005
3. THE EXECUTIVE ENGINEER,
IRRIGATION DIVISION, MALAMPUZHA,
PALAKKAD- 678 651
4. THE ASSISTANT EXECUTIVE ENGINEER,
HEAD WORKS, SUB DIVISION, MALAMPUZHA,
PALAKKAD- 678 651
BY GOVERNMENT PLEADER SMT VINITHA B HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03-04-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 11388 of 2017 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBITP1 A TRUE COPY OF THE PROCEEDINGS DATED MARCH 18, 2016
OF THE 3RD RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS DATED JUNE 29.,2016 OF
THE 3RD RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE AGREEMENT DATED 1 AUGUST 2016
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED DECEMBER 22,
2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.A. TO JUDGE
K.V.
SHAJI P. CHALY, J.
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W.P.(C). No. 11388 OF 2017
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Dated this the 03rd day of April, 2017
JUDGMENT
Petitioner had been running a bakery, ice cream and cool drinks shop in the precincts of Malampuzha Dam and Garden in the land belonging to the Irrigation Department. Due to the renovation of the garden, petitioner was evicted. By proceedings dated 18.03.2016, the third respondent decided to allot space at the boom barrier, near Malampuzha Garden for relocating the persons like petitioner who were displaced as a part of renovation. According to the petitioner, petitioner made the necessary payments and third respondent by proceedings dated 29.06.2016 acknowledged the payments and ordered that the petitioner shall be permitted to set up a stall on the side of the boom Barrier. And thereafter on 01.08.2016, petitioner entered into agreement with the third W.P.(C). No. 11388 OF 2017
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respondent. According to the petitioner, inspite of earnest efforts of the petitioner by approaching respondents 3 and 4 on various occasions the space to which the petitioner has paid the fund and agreement was executed is not actually and really handed over to the petitioner. Being constrained with such a situation, petitioner has submitted Ext.P4 before the third respondent, which is pending consideration. It is thus seeking appropriate directions, this writ petition is filed.
2. Having heard learned counsel for the petitioner and learned Government Pleader and perusing the documents and the pleadings on record, I think a quietus can be given to the writ petition by directing the third respondent to take on board Ext. P4 and consider the same, in accordance with law. Accordingly, I do so. I also make it clear that evident from Ext.P2 proceedings and Ext.P3 agreement, it is clear that sufficient space was provided to the petitioner. However, due to reasons known to the third W.P.(C). No. 11388 OF 2017
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respondent alone the same was actually not handed over. Therefore, if there are no other legal impediments standing in the way, the space shall be actually handed over to the petitioner, taking note of Exts. P2 and P3 and attain finality to Ext.P4, within two weeks from the date of receipt of a copy fo this judgment.
Writ petition is disposed of accordingly.
SHAJI P. CHALY JUDGE DCS