Dismissed

Kodiyathu Kizhakke Veettil Lakshmi Amma v. the District Collector

Kerala HC3 Jun 2016WP(C)/19141/2016

Case brief

AI extract

What is this about?

The Court rectified the proper authority for receiving an application filed under Section 28A of the Kerala Land Acquisition Act, 1894, and directed the wrong respondent to forward the application to the correct authority for a time-bound decision.

What did the court decide?

Directing the first respondent to forward the application to the second respondent; directing the second respondent to pass orders within four weeks.

Kodiyathu Kizhakke Veettil Lakshmi Amma Vs the District… — Land Acquisition | Kerala HC (2016)

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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 P.B.SURESH KUMAR

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FRIDAY, THE 3RD DAY OF JUNE 2016/13TH JYAISHTA, 1938H

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W.P(C).No. 19141 of 2016 (P)

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PETITIONER :

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KODIYATHU KIZHAKKE VEETTIL LAKSHMI AMMA, D/O.PARVATHI AMMA, RETIRED TEACHER, RAMANTHALI AMSOM DESOM, P.O.RAMANTHALI-670 308, KANNUR DISTRICT.

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BY ADVS.SRI.M.SASINDRAN

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SRI.P.K.SUBHASH

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RESPONDENTS :

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1. THE DISTRICT COLLECTOR, KANNUR-670 001.

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2. THE SPECIAL TAHSILDAR (LA), LAND ACQUISITION, EZHIMALA NAVAL ACADEMY PROJECT, PAYYANNUR-670 307.

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BY GOVERNMENT PLEADER : SRI. JOSEPH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No. 19141 of 2016 (P)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1 A TRUE COPY OF THE APPLICATION DATED 14-12-2015 FILED UNDER SECTION 28A BY THE PETITIONER.

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EXT.P2 A TRUE COPY OF THE POSTAL ACKNOWLEDGMENT.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

bpr

P.B. SURESH KUMAR, J.

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W.P.(C) No. 19141 of 2016

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Dated this the 3^rd day of June, 2016

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JUDGMENT

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The limited prayer made by the learned counsel

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for the petitioner, when this matter was taken up for admission, is for a direction to the first respondent to consider Ext.P1 application within a time frame. Ext.P1 is an application filed by the petitioner for redetermination of the compensation under Section 28A of the Kerala Land Acquisition Act, 1894.

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It is seen that the application in the nature of Ext.P1 is to be considered by the second respondent, but the petitioner has preferred the application before the first respondent. As such, having regard to the facts and circumstances of the case, I deem it appropriate to dispose

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W.P.(C) No. 19141 of 2016

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-2-

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of the writ petition directing the first respondent to forward Ext.P1 application to the second respondent within four weeks from the date of receipt of a copy of this judgment and also directing the second respondent to consider and pass orders on the application as forwarded by the first respondent within four weeks thereafter. Ordered accordingly. The petitioner is free to produce a copy of this judgment for compliance before the first respondent.

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Sd/-

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P.B. SURESH KUMAR JUDGE

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bpr

Kodiyathu Kizhakke Veettil Lakshmi Amma v. the District Collector

Case brief

What is this about?

What did the court decide?

Kodiyathu Kizhakke Veettil Lakshmi Amma v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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