S.MANIKUMAR, SHAJI P.CHALY
State Of Kerala – Appellant
Versus
Safia W/o. Yoonus Kunju – Respondent
JUDGMENT :
SHAJI P. CHALY, J.
This appeal is preferred by the State of Kerala and its officials challenging the judgment of the learned single Judge dated 30th March, 2015 in W.P.(C) No. 16646 of 2003, whereby the State of Kerala was directed to pay an amount of Rs. 2,00,000/-to the respondent/writ petitioner within a period of two months from the date of receipt of a copy of the judgment with interest at the rate of 9% per annum from the date of filing of the writ petition, which appears to be 9th July, 2003. However, the State was given the liberty to recover the said amount from the officers who are responsible for the illegal demolition. It is, thus, challenging the legality and correctness of the said judgment, this appeal is filed.
2. The grievance highlighted by the petitioner in the writ petition was that she is the owner in possession of 1.90 acres of property situated in Survey No. 397 of Parathodu Village, Udumbanchola Taluk, Idukki District by virtue of settled deed No 334/1969 of Devikulam Sub Registry, which in turn was an assignment granted by the Government in favour of the predecessor in interest of the property. According to the writ petitioner, the said property is
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Bhim Singh v. State of J&K [(1985) 4 SCC 677 : 1986 SCC (Cri) 47 : AIR 1986 SC 494]
D.K. Basu v. State of W.B. [(1997) 1 SCC 416 : 1997 SCC (Cri) 92 : AIR 1997 SC 610] )
Francis Coralie Mullin v. Administrator
Gobind v. State of Madhya Pradesh and another (1975) 2 SCC 148
K.S. Puttaswamy and another v. Union of India and others [(2017) 10 SCC 1
LIC of India v. Escorts Ltd. [(1986) 1 SCC 264 : AIR 1986 SC 1370 : 1985 Supp (3) SCR 909]
M.H. Hoskot v. State of Maharashtra
Nilabati Behera v. State of Orissa [(1993) 2 SCC 746 : 1993 SCC (Cri) 527]
P. Rathinam v. Union of India [1989 Supp (2) SCC 716 : 1991 SCC (Cri) 228]
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S. Nambi Narayan v. Siby Mathews [AIR 2018 SC 5112]
Sube Singh v. State of Haryana and others [(2006) 3 SCC 178]
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