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2018 Supreme(Ker) 53

A.K.JAYASANKARAN NAMBIAR
V. Mummu – Appellant
Versus
Ramanattukara Municipality, Represented by Its Secretary, Municipal Office, Kozhikode – Respondent


Advocates Appeared:
For the Petitioner: K. Gopalakrishna Kurup, K. Suresh, Deepthi S. Menon
For the Respondent: P.C. Sasidharan, T. Krishnanunni, A. Meena, Vinod Ravindranath, S.A. Saju, M.R. Mini, Vinay Mathew Joseph, Ashwin Sathyanath, T. Ramprasad Unni, S.M. Prasanth, G. Renjith, R.S. Aswini Sankar, T.H. Aravind, K.J. Manuraj, K. Ramakumar

JUDGMENT :

1. The petitioner, who is a resident of Feroke Municipality, states that he has a family house and property within the limits of the 1st respondent Municipality. The Municipality apparently owns 31 cents of land in R.S.No.296/1A of Ramanattukara Village, and on the northern side of the said property, the 3rd respondent owns 2.25 acres in R.S.No.295/2 and 296/1A1 of the same Village. The petitioner's mother too owns property comprising of 75 cents, on the eastern side of the Municipality's property.

2. It would appear that the 1st respondent Municipality wanted to construct a Municipal Office that would accommodate more people than the present office. With a view to acquiring property for constructing a bigger office building, the respondent Municipality, by Ext.P12 Resolution dated 9.12.2015, constituted a Sub Committee for the purposes of exploring the availability of suitable land for the Municipality. Thereafter, by Ext.P13 Resolution dated 12.2.2016, and pursuant to identifying the 3rd respondent's land, the Municipality resolved to purchase the land belonging to the 3rd respondent, and initiate steps for acquisition of the land. The 3rd respondent, on his part, appear
















































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