Appeal against a Single Judge order dismissing a writ petition where legal heirs challenged a compensation award and sought direction to decide a pending Section 28A application. The court held the writ was barred by laches as the original owner delayed years to litigate.
Writ appeal dismissed; Single Judge order upheld.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937
WA.No. 959 of 2015 () IN WP(C).22752/2014
------------------------------------------AGAINST THE JUDGMENT IN WP(C) 22752/2014 of HIGH COURT OF KERALA DATED 29-08-2014
APPELLANT(S)/PETITIONERS :-
1. JANAKI K.K., AGED 69 YEARS, W/O.GOPALAN NAMBIAR.P., KAMBANKULAM HOUSE, V.V.NAGAR, CHERUVATHUR P.O., KASARAGOD DISTRICT.
2. NANDINI.K.K., W/O.P.V.BALAKRISHNAN NAIR, KAMBANKULAM HOUSE, V.V.NAGAR, CHERUVATHUR P.O., KASARAGOD DISTRICT.
BY ADV. SRI.M.SASINDRAN
RESPONDENT(S)/RESPONDENTS :-
1. THE SPECIAL TAHSILDAR (LA), LAND ACQUISITION, EZHIMALA NAVAL ACADEMY PROJECT, PAYYANNUR - 670 307.
2. THE DISTRICT COLLECTOR, KANNUR - 670 001.
BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02-062015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
W.A. No.959 of 2015
Dated this the 2nd day of June 2015
J U D G M E N T
Ashok Bhushan, CJ
This writ appeal has been filed against the judgment dated 29.8.2014 in W.P.(C) No.22752 of 2014. It is alleged by the appellants/petitioners that land acquisition proceedings were initiated with regard to an extent of 1.56 Acres of land in Resurvey No.212/Part of Ramanthali Village. It is submitted that the mother of the petitioners was the absolute owner of the said land and the same was acquired by the Government for setting up of Naval Academy. Similar land situated near to the property of the appellants were acquired by the Government under the very same notification and the owners of the property filed application under Sec.18 of the Land Acquisition Act and the said reference was answered by the Sub Court, Payyannur enhancing the compensation. No reference was made by the petitioners' mother under Sec.18 of the Act. However, after the judgment in L.A.R.No.120 of 1987 by the Sub Court, Payyannur, the petitioners' mother filed an application dated 28.5.1998
W.A. No.959 of 2015
-: 2 :-
under Section 28A praying for re-determination of the compensation with reference to the said judgment, which was rejected by the Special Tahsildar (LA) by order dated 20.6.2001, a copy of which was produced as Ext.P2. Thereafter, another application dated 23.7.2001, Ext.P3 was filed by the petitioners' mother under sub section (3) of Section 28A. Aggrieved by the non-consideration of Ext.P3 application, the petitioners, who claim to be the legal heirs of late K.K.Narayani Amma had filed a writ petition as W.P.(C) No.22752 of 2014 praying for following reliefs :-
petitioners' mother, who suffered Ext.P2 order never cared to challenge Ext.P2 during her life time. Petitioners' mother died
W.A. No.959 of 2015
-: 3 :-
in 2011 and after a decade, the petitioners have come up with the said writ petition praying for setting aside the order, Ext.P2 and further praying to decide Ext.P3. Ext.P2, which was passed in the year 2001 could not be allowed to be challenged after more than 13 years.
W.A. No.959 of 2015
-: 4 :-
jurisdictional court under Article 226 of the Constitution within a reasonable time. The writ petition was clearly barred by laches and has been rightly dismissed by the learned Single Judge.
There is no merit in the writ appeal and it is hence,
dismissed.
Sd/ASHOK BHUSHAN
CHIEF JUSTICE
Sd/A.M. SHAFFIQUE
JUDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt
2 issues framed by the court
Whether a writ petition filed by legal heirs is barred by laches despite a pending compensation application from the original owner over a decade ago.
Whether the Appellate Court should have directed the authority to decide a pending application under Section 28A(3) of the Land Acquisition Act, 1894.
1 provisions across 1 enactments
Janaki K.K.
Nandini K.K.
The Special Tahsildar (LA), Land Acquisition
The District Collector, Kannur
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
