Dismissed

Jameela Beevi v. State of Kerala

Kerala HC23 Mar 2012LA.App./555/2008

Case brief

AI extract

What is this about?

The High Court refused to entertain an appeal challenging a land acquisition award where appellants claimed a different apportionment of compensation. Relying on Supreme Court precedent, the court held the appeal was not maintainable as it pertained to matters outside the scope of a Section 18 reference.

What did the court decide?

The appeal was rejected and full court fee was refunded to the counsel for the appellants.

Jameela Beevi Vs State of Kerala — Land Acquisition | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 23RD DAY OF MARCH 2012/3RD CHAITHRA 1934 LA.App..No. 555 of 2008 ( ) --------------------------LAR.93/2003 of II ADDL.SUB COURT,TRIVANDRUM

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APPELLANT(S)/CLAIMANTS C TO P::

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JAMEELA BEEVI,

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PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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SHAJAHAN, PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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ABDUL RASHEED, PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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ABDUL MAJEED, PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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NABEESA BEEVI, PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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M.H. ZAKIR HUSSAIN, PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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MAJITHA BEEGOM,

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PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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SHAJEELA, PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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HAMAR BAN,

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PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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SABEENA N., PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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BENAZEEN,

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PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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SOUDHA BEEVI, PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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SALIM,

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PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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IBRAHIM,

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PUDUVAL VEEDU, MADHAVAPURAM COLONY, KOCHUVELIL KARIKKAKOM MURI, KADAKAMPILLY VILLAGE.

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BY ADVS.SRI.KRB.KAIMAL (SR.)

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SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL

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RESPONDENT(S)/RESPONDENTS 1 & 2 AND CLAIMANTS A & B::

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STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.

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THE DIRECTOR,

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DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM.

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MYTHEEN PICHA, S/O. ABDUL RAHMAN,

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T.C.32/267, KOCHUVELI, TITANIUM P.O.

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THIRUVANANTHAPURAM.

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SHERIFA BEEVI,

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JAMEELA MANDIRAM, KARIKKAKAM MURI

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KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM.

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BY ADV. SRI.J.HARIKUMAR

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BY ADV. SRI.HARIKUMAR.S.

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BY ADV. GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 2303-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & A.V.RAMAKRISHNA PILLAI, JJ.

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LAA. No. 555 of 2008

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Dated this the 23rd day of March, 2012

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J U D G M E N T

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Pius C.Kuriakose, J.

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The appellants who were parties to LAR No. 93 of 2003 before the Land Acquisition Reference Court, Thiruvananthapuram challenges the award passed by the Reference Court. On going through the grounds raised in this appeal, it is seen that all the grounds pertain to claim of the appellants to have the compensation amount apportioned between the various awardees in a particular manner. But we find that the reference in question was under Section 18 of the Land Acquisition Act and the learned Subordinate Judge answered the above reference re-fixing the value of the land under acquisition. All the grounds pertain as already indicated only to the appellants' claims over the compensation amount presently awarded by the Reference Court which is seen awarded under the impugned

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LAA. 555/2008

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award substantially in favour of the third respondent. Even before the learned counsel for the appellant opened his submissions Sri.J.Harikumar, learned counsel for the third respondent raised a preliminary objection. He submitted that the present appeal is not maintainable in law. He drew our attention to the judgment of the Supreme Court in Sreekantan v. Sreekumaran Nair, 2007(1) KLT 100 (SC). He submitted that it is impermissible for the reference court dealing with a reference under Section 18 to deal with matters which are germane for references under Section 30. The reply of the learned counsel for the appellant was that the documents which will enable the present appellants to receive a much higher share than what is presently seen awarded under the impugned award, were obtained by the appellants only subsequently. We feel that the remedy of the appellants lies elsewhere. We find force in the submission of Mr. Harikumar founded as the same is on a

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LAA. 555/2008

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judgment of the Supreme Court cited supra that the appeal is not maintainable. We hold that the appeal is not maintainable. The appeal is rejected. Refund the full court fee remitted on the appeal memorandum to the counsel for the appellants.

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(PIUS C.KURIAKOSE, JUDGE)

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(A.V.RAMAKRISHNA PILLAI, JUDGE)

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ksv/-

Jameela Beevi v. State of Kerala

Case brief

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Jameela Beevi v. State of Kerala

Case brief

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