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IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, P. V. BALAKRISHNAN, JJ
KOZHIKODE CORPORATION – Appellant
Versus
VARGHESE MATHEW – Respondent
| Table of Content |
|---|
| 1. land acquisition and compensation issues. (Para 2 , 3) |
| 2. challenging ombudsman’s decision. (Para 4 , 5) |
| 3. rights of landowners per transfer of property act (Para 6 , 7) |
| 4. actionable claim and rights post sale. (Para 9 , 10) |
| 5. court's decision on the appeal. (Para 11) |
JUDGMENT
Amit Rawal, J.
1. The present writ appeal is directed against the judgment of Single Bench dated 29.09.2022, dismissing W.P(C) No.9797 of 2013 preferred by the appellants –
petitioners claiming the following reliefs:
“(I) to issue a writ of certiorari or any other writ, order or direction quashing entire proceedings in Ext.P8 order of the 2n respondent and all further proceedings in pursuant to and in furtherance thereof.
(iII) such other reliefs that may be deemed fit and proper by the Hon’ble Court in the circumstances of this case.”
2. The brief facts leading to the controversy are enumerated hereinbelow:
Calicut Development Authority (hereinafter called ‘CDA’ for short) in the year 1980 acquired 26 Acres of land in ward No.5, in the heart of the city through revenue department for the purpose of development by dividing the entire property into 282 plots. Out of which, half of the property was se
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