LAWS(SC)-2006-4-104

STATE OF KERALA Vs. SUNIL KUMAR

Decided On April 24, 2006
STATE OF KERALA Appellant
V/S
SUNIL KUMAR S. Respondents

JUDGEMENT

(1.) Challenge in these appeals is to the legality of directions given by a Division Bench of the Kerala High Court varying the order passed by learned Single Judge in a writ petition filed under Article 226 of the Constitution of India, 1950 (in short the Constitution). According to learned Counsel for the appellants, though the direction appears to be innocuous it is contrary to law. Learned counsel for the respondents on the other hand submitted that no positive direction has been given and only the appellant-State has been directed to seek "prior approval" from the Central Government in the matter of accepting prayer of the respondents for grant of lease.

(2.) Factual background in a nutshell needs to be noted.

(3.) The Division Bench by the impugned judgment in the Writ Appeal and the O.P. directed the State Government to seek the approval of the Central Government under Section 2 of the Act for lease of 146.42 acres of land within 2 months from 21.3.2000. The directions impugned in the present appeal reads as follows: