SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2015 Supreme(Ker) 857

DAMA SESHADRI NAIDU
JOY THOMAS – Appellant
Versus
PALA MUNICIPALITY REPRESENTED BY ITS SECRETARY, PALA – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SRI.MATHEW JOHN (K), SRI.DOMSON J.VATTAKUZHY
FOR THE RESPONDENT: SRI.V.M.KURIAN

JUDGMENT

This batch of writ petitions throws into open the question of res judicata, a constructive one though. To put the issue--yet to be discussed--in perspective, I may succinctly state the contours of the case to be those regarding the reagitation of the issue of the draft Master Plan, more precisely its revival in course of time, in the face of legislative changes. The other issue is whether a saving clause can enlarge the scope of a statutory provision more than what it could have been if the act had not been repealed.

2. Since the issue is substantially the same in all the writ petitions, raised by the parties similarly situated again the self-same respondent, I deem it appropriate to dispose

of all the writ petitions through a common judgment. For ease of reference and convenience, I take the facts pleaded in W.P.(C)No.33699/2014 as the basis for discussing the issues.

Facts:

W.P.(C)No.33697/2014:

3. The petitioners, nine in all, are the owners in possession of certain extents of lands within the territorial limits of Pala Municipality, the first respondent. The second and third respondents are the Secretary and the Engineer of the first respondent Municipality. Petitioner



























































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top