The High Court directed the requisitioning authority (Sree Sankaracharya University) to deposit the land acquisition award amount within three months and the tahsildar to disburse it. Interest claim was left open due to delay by the holder of funds.
Direction to the 5th respondent to deposit the award amount within three months and the 1st respondent to issue payment.
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 T.R.RAMACHANDRAN NAIR
WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932
WP(C).No. 8927 of 2010(M) --------------------------------------
PETITIONERS:
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1. JOSE,S/O.JOSEPH,PARAPILLY HOUSE,KALADY, ERNAKULAM DISTRICT.
2. ANTONY,S/O.JOSEPH,PARAPILLY HOUSE, KALADY, ERNAKULAM DISTRICT.
3. TOMY,S/O.JOSEPH,PARAPILLY HOUSE,KALADY, ERNAKULAM DISTRICT.
BY ADV. SMT.ROSE MICHAEL.
RESPONDENTS:
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1. SPECIAL TAHSILDAR (LAND ACQUISITION), IDAMALAYAR IRRIGATION PROJECT, ANGAMALY, REPRESENTED BY SPECIAL TAHSILDAR(K.I.A), NEDUMBASSERY.
2. DISTRICT COLLECTOR, ERNAKULAM.
3. STATE OF KERALA, REPRESENTEDBY THE CHIEF SECRETARY TO GOVERNMENT,SECRETARIAT, TRIVANDRUM.
4. THE SECRETARY,BOARD OF REVENUE, SECRETARIAT, TRIVANDRUM.
5. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY P.O, ERNAKULAM DISTRICT, REPRESENTED BY ITS REGISTRAR.
R1 TO R4 BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI, R5 BY ADV. SRI.P.K.VIJAYAMOHANAN,S.C.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.8927/2010-M:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE NOTICE NO. B1-66/93 DTD. 04/09/93 ISSUED BY THE R.1.
EXT.P.2: CLAIM STATEMENT FILED BY THE PETITIONERS IN LAC NO. 40/93 DTD. 12/07/95 BEFORE THE R.1.
EXT.P.3.SERIES: COPY OF THE COMMUNICATION NO. E.O.1/SSUS/94 DTD. 04/10/95 AND E.O.1/SSUS/94 DTD. 1/1/96 SENT BY THE R.4. TO THE R.2.
EXT.P.4: COPY OF THE AWARD NOTICE DTD. 1/7/96 ISSUED BY THE R.1 TO THE PETITIONERS UNDER SECTION 12 (2) OF L.A. ACT.
EXT.P.5: COPY OF THE NOTICE DTD. 2/8/95 ISSUED BY THE R.1. AS PER RULE 15 (3) DIRECTING THE PETITIONERS TO VACATE THE PROPERTY.
EXT.P.6: COPY OF THE REPRESENTATION DTD. 13/10/2009 FILED BY THE PETITIONERS BEFORE THE R.1.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE.
Prv.
T.R. Ramachandran Nair, J.
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W.P.(C) No. 8927 of 2010-M
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Dated this the 7th day of July, 2010.
JUDGMENT
The property owned by the petitioners were acquired for the purpose of the 5th respondent University. The acquisition was done by invoking Section 17(4) of the Land Acquisition Act, 1894.
wpc 8927/2010 2
amount and it is submitted that steps will be completed and the amount will be deposited within a period of three months.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/
2 issues framed by the court
Whether the requisitioning authority failed to deposit compensation awarded to the petitioners despite possession surrender.
Whether a direction should be issued to the authority to deposit the awarded amount within three months.
1 provisions across 1 enactments
Jose
Special Tahsildar (Land Acquisition), Idamalayar Irrigation Project, Angamaly
District Collector, Ernakulam
State of Kerala
The Secretary, Board of Revenue
Sree Sankaracharya University of Sanskrit, Kalady
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
