IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
THORIAMBATH NELLULI PARVATHY NETHIAR SMARAKA TRUST – Appellant
Versus
DISTRICT COLLECTOR WAYANAD – Respondent
WP(C) NO. 8954 OF 2025
| Table of Content |
|---|
| 1. ownership claims under disaster law. (Para 1) |
| 2. expedited hearing directive by court. (Para 2) |
J U D G M E N T
Ext.P5 is a representation preferred by the petitioner, on the premise that it is entitled to be recognized as the owner of the land in question, which has been acquired for rehabilitating the victims of the Wayanad landslide disaster, as per the Disaster Management Act , 2005. The petitioner would maintain that the 7th respondent is only the person in possession, who has taken the land on lease for a period of 99 years. The compensation, due to the owner, has to be paid to the petitioner. It is for ventilation of that grievance that Ext.P5 is preferred, which is pending before the 1st respondent District Collector. The petitioner seeks expeditious disposal of the same.
2. Having heard the learned Counsel for the petitioner, learned Government Pleader on behalf of the 1st respondent District Collector and also the learned Counsel for the 7th respondent, this Court directs the 1st respondent District Collector to consider Ext.P5 and to pass orders therein, in accordance with law, expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the 1st respondent, for compliance. Needless to say that the petitioner, as also, the 7th respondent has to be afforded an opportunity of being heard, before taking a call on Ext.P5. Learned Counsel for the petitioner would hand over a copy of the notice issued to the petitioner, to contend that the petitioner was, in fact, heard already. It is therefore directed that, if an opportunity has not been granted to the 7th respondent so far, the same shall be granted, and the matter proceeded with in accordance with law, within the time frame as stipulated above.
The writ petition will stand disposed of.
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