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2014 Supreme(Ker) 438

MANJULA CHELLUR, A.M.SHAFFIQUE
Autumn Wood Resorts (Cloud 9) represented by its Managing Partner, Praveen Xavier – Appellant
Versus
State of Kerala, represented by The Secretary – Respondent


Advocates appeared:
For the Petitioner:K. Jayakumar, P.B. Krishnan, Advocates.
For the Respondents:R1 to R5, Susheela R. Bhat, Spl. Government Pleader, R7, Devan Ramachandran, K.M. Aneesh, Advocates.

Judgment :

Shaffique, J.

1. The petitioner seeks the following reliefs:

i) Issue a Writ of Certiorari or any other appropriate writ or order quashing that part of Ext.P11, which purports to remand the matter to the District Collector, Idukki for final disposal;

ii) Declare that the proceedings under the Cardamom rules, 1935 and the Land Assignment Rules, 1964, initiated against the petitioner stand dropped and terminated by Ext. P11;

iii) Declare that the proceedings under the Cardamom Rule, 1935, Land Assignment Rule, 1964, and the Land Conservancy Act and rules and the actions of the Task force, Munnar against the petitioner are illegal, arbitrary, and ultra-vires the Constitution;

iv) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to pay an amount of Rs.15,00,00,000/- (Rupees Fifteen Crores only) to the petitioner as compensation/damages for demolition of the resort/structures of the petitioner in violation of the Fundamental Rights of the petitioner; v) Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the respondents to hand over possession of the properties resumed by Ext.P1 to the











































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