ASHOK BHUSHAN, A.M.SHAFFIQUE
District Collector Idukki – Appellant
Versus
M. D. Dileep Managing Partner, Madonna Textiles, Thodupuzha – Respondent
Ashok Bhushan, Ag. C.J.
1. The District Collector, Idukki and three other State officials are in appeal against the judgment dated 11.4.2014 passed by the learned Single Judge in W.P(C). No.7093 of 2013 filed by respondents 1 and 2, who were the writ petitioners in the Writ Petition. The learned Single Judge, while disposing of the Writ Petition although held that it shall be open for the petitioners to approach the competent Civil Court to establish their special right claimed in the Writ Petition, however, the learned Single Judge further directed the State respondent to make an opening in the new compound wall of the Mini Civil Station existing on the western side of the petitioners' building to permit the petitioners a right of way and further directed the State Government to pay compensation of Rs.1,00,000/-.
2. The facts of the case, which are necessary to be noted for deciding the issues raised in the Writ Appeal are:
In Thodupuzha Taluk, Idukki District, a Mini Civil Station, consisting of 22 Government offices, including Family Court and Treasury, is situated in Sy.No.194/13 having an extent of 0.72.44 hectares of property. To east of the Mini Civil Station there
State of Oissa v. Madan Gopal (AIR 1952 SC 12).
India Sugar Mills Association v. Secretary to Government, Uttar Pradesh Labour Department
Kumaravelu Chettiar Subramonian Chettiar v. State (1957 KLT 198)
Dwarka Prasad Agarwal v. B.D.Agarwal [(2003)6 SCC 230]
Sanjay Sitaram Khemka v. State of Maharashtra and others [(2006)5 SCC 255]
Autumn Wood Resorts v. State of Kerala (2014(3) KHC 305 (DB)).
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