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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
B. Gopakumar S/o B. Nair – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. court identifies the parties involved and their respective petitions. (Para 2) |
| 2. details of arguments presented by the parties. (Para 3 , 6 , 8) |
| 3. petitioner's grievance about irregular allotment for sc/st. (Para 4 , 5) |
| 4. legal analysis of the validity of the municipal act and circulars. (Para 9 , 10 , 12) |
| 5. court's reasoning on the impact of the 1999 amendment on earlier procedures. (Para 14 , 17 , 19) |
| 6. rejection of the plea to quash the allegations against the accused. (Para 21) |
JUDGMENT :
1. Accused Nos.2, 3, 4, 5 and 7 in C.C.No.02/2017 on the files of the Enquiry Commissioner and Special Judge, (Vigilance), Kottayam, have filed Crl.M.C.No.1116/2025 and the prayers are as under:
(ii) Issue such other orders as may be necessary in the interest of justice.
I. Issue a writ of certiorari or other appropriate writ, order or direction, to quash and set aside the order at Ext.P5 considering the Ext.P2 vigilance Report.
III. Issue a writ or order in mandamus or any other appropriate writ, direction, and order commanding the respondents 1 and 2 to take appropriate action against the respondent No.3 & 4 for the unauthorized sub-letting of the Room No.10 reserved for SC/ST
Irregular allotment of SC/ST reserved property without following prescribed procedures leads to illegality; strict adherence to government provisions necessitated for future allotments.
Service Law - Allotment of flat - Rule 7(i) of Policy provides that no application shall be entertained for accommodation if employee is retiring on superannuation in next six months, meaning there b....
The court established that a Gram Panchayat cannot lease property constructed by another authority without following due process, including mandatory public auction.
The court affirmed that public auction is mandatory for property transfers by Panchayats, regardless of lease duration, and unauthorized allotments cannot create rights for allottees.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
The discretionary allotments made by the CMDA Chairman were invalid; any property transactions based on such allotments are unenforceable, subject to the outcomes of ongoing litigation.
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
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