The High Court observed that if the petitioner's recovery suit is decreed in his favour, he cannot simultaneously claim compensation for the land loss. Accordingly, the writ petition for compensation could not be granted at that stage.
Writ petition disposed of; prayer for compensation not granted.
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 MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932
WP(C).No. 7176 of 2008(D)
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PETITIONER(S):
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A.SUKUMARAN NAIR, AGED 48 YEARS, S/O.KOOKKAL KUNHIRAMAN NAIR, RESIDING AT NELLIKUNNU IN BELUR VILLAGE, HOSDURG TALUK.
BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KASARAGOD.
2. ASSISTANT EXECUTIVE ENGINEER, P.W.D. ROAD DIVISION, HOSDURG, KANHANGAD.
3. ASSISTANT EXECUTIVE ENGINEER, P.W.D. BRIDGES DIVISION, KASARAGOD.
R1 TO R3 BY GOVERNMENT PLEADER SRI. P. NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
ANTONY DOMINIC, J.
W.P.(C) No. 7176 of 2008 D
Dated this the 10th day of December, 2010
J U D G M E N T
Petitioner claims that, out of 9 cents of land he possesses in Re-Survey No.393/2 of Belur village, Hosdurg Taluk, 3 cents of land was allegedly encroached by the respondents for construction of a bridge. He filed a suit for getting the land back and during the pendency of the suit, this writ petition was filed, claiming that he should be compensated for the land that he allegedly lost. It is now submitted that the suit has been decreed in his favour and an appeal filed by the defendants is pending.
appeal is decided against the petitioner, it will be open to the
W.P.(C) No.7176/2008
: 2 :
petitioner to pursue his claim, in which event, the same will be
dealt with in accordance with law.
Writ petition is disposed of as above.
Sd/- (ANTONY DOMINIC, JUDGE)
aks
// True Copy //
P.A. To Judge
3 issues framed by the court
Whether a petitioner can claim compensation for alleged land loss when he claims a suit for recovery of land is pending before ordinary civil courts.
Whether a writ petitioner can claim compensation when he maintains that the recovery suit is decreed in his favour but an appeal is pending.
Whether the writ petition for compensation should be disposed of given the pendency of a recovery suit or a potential appeal against the decree.
A.Sukumaran Nair
State of Kerala, represented by the District Collector, Kasaragod
Assistant Executive Engineer, P.W.D. Road Division, Hosdurg
Assistant Executive Engineer, P.W.D. Bridges Division, Kasaragod
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
