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2026 Supreme(Online)(Ker) 13606

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. DEVAN RAMACHANDRAN, MRS. M.B. SNEHALATHA, JJ
STATE OF KERALA – Appellant
Versus
ANSON ANTONY – Respondent


Advocates:
For the Appellants/Petitioners: Smt.N.Sudhadevi
For the Respondents: Smt.Thulasi K. Raj

JUDGMENT

Devan Ramachandran, J.

The appellants, who are the State of Kerala and their functionaries, assail the judgment of the learned Single Judge of this Court only because of one observation, namely, that while a Rehabilitation Package is considered for the party respondents / writ petitioners in terms of the judgment, "they ought to be at least equated with commercial tenants mentioned in Clause 11 of Ext.P11 Rehabilitation and Resettlement Package" (sic).

2. Smt.N.Sudhadevi - learned Special Government Pleader (LA), argued that, when the learned Single Judge directed the appellants to consider including the party respondents / writ petitioners in the Rehabilitation and Resettlement Package, its compliance could be done only after evaluating all relevant facts; but no condition, that they should be considered as “commercial tenants”, could have been imposed. She contended that, even while the appellants are ready and willing to comply with the directions in the judgment, they face a predicament because, it directs the 3rd among them to take a decision only as per the observations therein, which includes the aforesaid. She prayed that, therefore, this appeal be allowed and the obs

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