JOSE CHEMBERY DEVASSIA Vs. KANNUR MUNICIPALITY

JUDGEMENT

(1.) In view of the orders passed in R.P.No.925 of 2006, we had recalled the earlier judgment passed in W.P.(C). No.24213 of 2006 and the two writ petitions are being disposed of by a common judgment.

(2.) We are afraid the petitions have come perhaps because of the political rivalry as might be existing between the petitioner--Sri.Jose Chembery and Mr.P.T.Jose, who is one of the respondents in the two writ petitions. The petitioner alleges that an extent of 5 cents of land had been assigned for putting up a building in the memory of late P.T.Chacko at Kannur. However, it was a condition of assignment that the Kerala Congress State Committee is to put the land to use within a period of two years from the date of assignment. The land was not to be used for any other purpose. It was not alienable and the Government was to resume the land, if any of the conditions were violated.

(3.) The first writ petition is filed pointing out that there was a violation of the condition, in that in spite of the grant in 1981 for two decades no building had been put up. The submission made to the District Collector is Ext.P4 in this regard. It is pointed out that the Tahsildar had looked into the matter appropriately and had recommended by Ext.P6 that the land could be resumed, as the conditions were violated. It was contended that as the District Collector was hand in glove with the petitioner, the complaint was not attended to in spite of the recommendations of the Tahsildar and this Court has to intervene in the matter. It was in these circumstances Ext.P4 was directed to be disposed of.