Petitioner challenged acquisition of land where awarded extent exceeded title deed. Court clarified compensation limited to title deed extent; respondents may lawfully take over excess possessory land. Petition disposed.
Clarification regarding compensation entitlement and lawful taking over of excess possessory land.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 18TH DAY OF JUNE 2012/28ND JYAISHTA 1934
WP(C).No. 6438 of 2009 (Y)
PETITIONER(S):
ALEXANDER KOSHY, AGED 58, S/O.P.K.KOSHY, T.C.26/883, USHA BHAVAN, NEAR BAKERY JUNCTION, THYCAUD.P.O, TRIVANDRUM.
BY ADV. SRI.A.AHZAR.
RESPONDENT(S):
1. DISTRICT COLLECTOR, COLLECTORATE, TRIVANDRUM.
2. SECRETARY,
TRIVANDRUM DEVELOPMENT AUTHORITY (TRIDA), TRIVANDRUM.
3. SPECIAL TAHSILDAR (LA)(GENERAL), TRIVANDRUM.
R1 & R3 BY GOVT. PLEADER MR.M.A. ABDUL SHUKOOR. R2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 6438 of 2009 (Y)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1 | COPY OF THE TAX RECEIPT. |
|---|---|
| EXT.P2 | COPY OF THE NOTICE OF AWARD. |
| EXT.P3 | COPY OF THE NOTICE OF TAKING OVER POSSESSION OF THE LAND TO ALL INTERESTED PERSONS. |
| EXT.P4 | COPY OF THE JUDGMENT IN W.P.(C)NO. 14206/2005. |
| EXT.P5 | COPY OF THE REGISTERED NOTICE. |
| EXT.P6 | COPY OF THE REPLY BY THE 2ND RESPONDENT. |
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
ANTONY DOMINIC, J.
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W.P.(C) NO.6438 OF 2009-Y
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Dated this the 18th day of June, 2012
J U D G M E N T
Petitioner has approached this court complaining that although 16.83 meter square land in his possession has been red marked as per the location sketch, award has been passed only in respect of 00.00.007 hector. On this basis, complaining that more than the acquired land should not be taken over from his possession, this writ petition has been filed. The stand taken by the first respondent in the statement filed is that among the property acquired from the petitioner, only the aforesaid extent of 00.00.07 hector is covered by
the petitioner's title deed and that the remaining extent is purambokku land over which he has no title. It is stated that it was therefore that the award was for lesser extent.
WPC.No. 6438/09
:2 :
Clarifying the position as above, the writ petition is disposed of.
(ANTONY DOMINIC) JUDGE
vi/
2 issues framed by the court
Whether the petitioner can claim compensation for land beyond the extent covered by his title deed.
Whether the respondent can take over possession of purambokku land held by the petitioner.
ALEXANDER KOSHY
DISTRICT COLLECTOR, COLLECTORATE, TRIVANDRUM
SECRETARY, TRIVANDRUM DEVELOPMENT AUTHORITY (TRIDA), TRIVANDRUM
SPECIAL TAHSILDAR (LA)(GENERAL), TRIVANDRUM
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
