Appeals against a Single Judge's order directing a re-survey in a land acquisition matter were disposed of as unnecessary due to State compliance. The cost imposed on the State was deleted to avoid prejudice.
Deleted exemplary costs imposed on the State; granted two months time to comply with re-survey direction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU &
THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930
WA.No. 1668 of 2008
-----------------------------------AGAINST THE JUDGEMENT IN WPC.29140/2007 Dated 26/03/2008
APPELLANTS/RESPONDENTS 1, 2 & 4 TO 7 IN THE WP:
COLLECTORATE, THIRUVANANTHAPURAM
SATHAMANGALAM PO., THIRUVANANTHAPURAM.
BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN.
W.A.NO.1668/2008
-2-
RESPONDENTS/PETITIONERS & RESPODNENT NO.3 IN THE WP:
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L.DATTU, C.J. & A.K.BASHEER, J.
W.A.No.1668 of 2008
Dated, this the 14th day of October, 2008
JUDGMENT
H.L.Dattu, C.J.
State, being aggrieved by the orders passed by the learned Single Judge in W.P.(C) No.29140/2007 dated 26th March, 2008 is before us in this appeal. The learned Single Judge has disposed of the writ petition with the following orders/directions. They are as under:
i). Section 6(1) declaration, so far as it relates to petitioners in these three writ petitions alone are quashed. ii). There will be a direction to the respondents 1 to 4 to conduct a thorough re-survey of the entire stretch starting from Ulloor Junction till Pattom Junction. It shall be conducted in the presence of senior officers of District Collector's office, office of the Superintendent of Survey and the senior officers of TRIDA. It is also open to the 2nd respondent to seek the assistance of the Kerala Road Front Board, who prepared the alignment, in conducting the resurvey.
iii). Notice shall be given to the Director of Vigilance and Anti Corruption Bureau, so as to enable him to depute the team constituted by him while the re-survey being conducted.
W.A.No.1668/2008 -2-
iv). The District Collector, Thiruvananthapuram, shall take necessary steps to conduct the re-survey. v). Petitioners shall also be given notice regarding the resurvey.
vi). There will be a direction to the respondents to complete the re-survey, in accordance with the above directions, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment, and thereafter issue fresh declaration under Section 6 (1) of the Act, so far as the petitioners are concerned in respect of land demarcated after re-survey. vii). In case, it is revealed that the Government sustained any loss, on account of this acquisition so far effected, such loss shall be recovered in accordance with law from the officers who are responsible for it.
viii). Copies of the judgment shall be forwarded to respondents 1 and 3 who shall communicate copies of this judgment to all Heads of departments and District Collectors and Superintendent of Survey and Land Records for strict compliance, and also for necessary action. Copies of the judgment shall be forwarded to the Director of Vigilance and Anti Corruption Bureau and also to the Kerala State Road Fund Board for information and necessary action .”
exemplary costs on the respondents,appellants herein for various acts of
W.A.No.1668/2008 -3-
omissions and commissions said to have been committed by them.
Collector, Land Acquisition, Thiruvananthapuram. The statement reads as follows:
“ The appellants hereby humbly submit that they shall abide by the directions contained in the impugned judgment dated 26.3.2008. The appellants further pray that the the direction to the State Government to pay cost may be recalled.”
is now prepared to comply with all the conditions imposed by the learned Single Judge while disposing of the writ petition, and, further, they make a request to us to delete the cost imposed by the learned Single Judge while disposing of the writ petition.
W.A.No.1668/2008 -4-
Therefore, the writ appeal is disposed of, as having become unnecessary.
Ordered accordingly.
(H.L.DATTU) CHIEF JUSTICE
(A.K.BASHEER) JUDGE
MS
2 issues framed by the court
Wether the cost imposed by the learned Single Judge should be upheld or deleted.
Wether the writ appeal survives for consideration once the State agreed to comply.
State of Kerala
District Collector, Thiruvananthapuram
Deputy Collector, Land Acquisition
Secretary, Revenue Department
Secretary, Public Works Department
Sarojini Amma
H.L. Dattu
A.K. Basheer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
