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Petition for land takeover disposed of high court round-up

Kochi: A Division Bench of the Kerala High Court on Thursday disposed of a public interest litigation seeking a direction to the government to take over the land leased out to Harrisons Malayalam Limited in view of the government’s submission that legal steps had been taken against the company for violating the lease agreement on the land in Chalakudy.

The Bench of Chief Justice H.L. Dattu and Justice K.T. Sanakaran observed that in view of the statement by the government no orders need be passed. The petition was filed by K.V. Johny.

His complaint was that the company had violated the lease agreement by sub-leasing the land to various persons. The government said it had issued notice to Harrison Malayalam for terminating the lease agreement for sub-leasing the land in the Chalakkudy forest division. In an additional affidavit, the government said a Cabinet sub-committee had been formed to examine the report of a high-level committee into the allegations against the company.

Imposition of cost

Justice S. Siri Jagan imposed a cost of Rs.5,000 on Calicut University for taking a “cantankerous attitude” in a case relating to the appointment of a physics lecturer to a reserved vacancy.

When a petition filed by K. Sunil came up before the Bench, counsel for the university submitted that since Aloysius who had been appointed did not join duty, the vacancy had to be filled by a candidate belonging to the next Backward Class community on a rotation basis.

The court, however, found that the petitioner was entitled to get the appointment since he was the second rank holder in the rank list prepared by the selection committee.

Proceedings quashed

Justice K.P. Balachandran quashed the proceedings in a defamation case pending against Communist Party of India (Marxist) State secretary Pinarayi Vijayan and Chief Minister V.S. Achuthanandan before the Alappuzha Chief Judicial Magistrate Court. The petition was filed in 2004 by Coir Development Corporation Chairman S. Chidambaram. He complained that a statement published in the party organ Desabhimani on appointments in the corporation was per se defamatory.

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