Writ petition challenging non-consideration of representation for Section 5A land acquisition enquiry dismissed. Court held enquiry is not required as Section 17(4) powers invoked under Section 4(1) dispensing with it.
Reliefs sought in the writ petition could not be granted as there is no substance in the grievance.
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
WEDNESDAY, THE 8TH DAY OF AUGUST 2012/17TH SRAVANA 1934
WP(C).No. 6570 of 2012 (U)
PETITIONER(S):
A.M.KASIM, RESIDING AT TC 1/418(1), MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM AND MANAGING DIRECTOR MOONSTAR HOTELS PVT. LTD., MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM.
BY ADV. SRI.J.HARIKUMAR
RESPONDENT(S):
MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 001.
BY GOVERNMENT PLEADER SRI.M.MOHAMMED SHAFI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).6570/12
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1: TRUE COPY OF THE BASIC TAX RECEIPT DATED 07.06.2011.
EXHIBIT P2: TRUE COPY OF THE THIRD RESPONDENT'S LETTER DATED 29.12.2008.
EXHIBIT P3: TRUE COPY OF G.O(MS) NO. 542/2010/H&FWD DATED 13.08.2010.
EXHIBIT P4: TRUE COPY OF THE NOTICE DATED 28.12.2010 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5: TRUE COPY OF THE OBJECTIONS FILED UNDER SECTION 5A OF THE LAND ACQUISITION ACT, DATED 13.01.2011 BY THE PETITIONER.
EXHIBIT P6: TRUE COPY OF THE REPRESENTATION DATED 24.01.2011.
EXHIBIT P7: TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 4TH RESPONDENT ON 23.02.2012.
EXHIBIT P8: PHOTOGRAPH OF THE PETITIONER'S PROPERTY.
EXHBIIT P9: PHOTOGRAPH OF THE PETITIONER'S PROPERTY.
EXHIBIT P10: PHOTOGRAPH OF THE PETITIONER'S PROPERTY.
ANNEXURE
R4(a)- TRUE COPY OF THE GAZETTE NOTIFICATION NOI.1545 DATED 24.08.09
/true copy/ PA To Judge
ANTONY DOMINIC, J
W.P.(C).6570/2012
Dated this the 8th day of August, 2012
JUDGMENT
Petitioner approached this Court complaining of non consideration of his representation for an enquiry under Section 5A of the Land Acquisition Act (in short 'the Act').
the grievance of the petitioner and the reliefs sought for cannot be granted.
Writ petition is accordingly dismissed.
Sd/- ANTONY DOMINIC, JUDGE
mrcs
/true copy/ PA To Judge
2 issues framed by the court
Whether an enquiry under Section 5A of the Land Acquisition Act is mandatory when Section 17(4) powers were invoked under Section 4(1) of the Act.
Whether the petitioner's grievance regarding non-consideration of his representation has substance.
3 provisions across 1 enactments
A.M. KASIM
STATE OF KERALA
PRINCIPAL MEDICAL COLLEGE
DISTRICT COLLECTOR
SPECIAL TAHSILDAR
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
