Dismissed

Joseph v. the District Collector

Kerala HC29 Jan 2016WP(C)/2141/2016

Case brief

AI extract

What is this about?

This writ petition sought a direction to the 1st Respondent to consider a representation regarding land acquisition under the 2013 Act. The High Court directed the 1st Respondent to consider the representation, hear the petitioner, and pass orders within one month.

What did the court decide?

Directed the 1st Respondent to consider the representation, hear the petitioner, and pass orders within one month.

Joseph Vs the District Collector — 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 A.K.JAYASANKARAN NAMBIAR

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FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937

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WP(C).No. 2141 of 2016 (P)

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PETITIONER(S):

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JOSEPH, AGED 55 YEARS, S/O.PAULO, POOVELIL HOUSE, NAYATHODE.P.O., ANGAMALY VILLAGE.

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BY ADVS.SRI.S.K.AJAY KUMAR SMT.PRIYA. H.

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM.682 030.

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2. THE SPECIAL TAHSILDAR,

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L.A.NO.III, KOCHI INTERNATIONAL AIRPORT, NEDUMBASSERRY, NAYATHODE.P.O., ANGAMALY.683 572.

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BY GOVERNMENT PLEADER SRI.R.RENJITH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2141 of 2016 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1TRUE COPY OF THE SALE DEED NO.1092 OF 2001 DATED 09.03.2001 OF ANGAMALY SRO.

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P1(A)- TRUE COPY OF THE SALE DEED NO.4629 OF 2003 DATED 10.12.2003 OF ANGAMALY SRO.

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P2TRUE COPY OF THE LAND TAX RECEIPT DATED 30.07.2015 OF SY.NO.449/11 OF ANGAMALY VILLAGE OFFICE.

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P2(A)- TRUE COPY OF THE LAND TAX RECEIPT DATED 30.07.2015 OF SY.NO.427/2-2 & 427/3 OF ANGAMALY VILLAGE OFFICE.

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P3TRUE COPY OF THE NOTICE BEARING NO.A2-489/2010 DATED 15.10.2013 ISSUED BY THE SPECIAL TAHSILDAR (LA) NO.III, KOCHI INTERNATIONAL AIRPORT, NEDUMBASSERRY, NAYATHODE.P.O.

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P3(A)- TRUE COPY OF THE NOTICE BEARING NO.A2-489/2010 DATED 15.10.2013 ISSUED BY THE SPECIAL TAHSILDAR (LA) NO.III, KOCHI INTERNATIONAL AIRPORT, NEDUMBASSERRY, NAYATHODE.P.O.

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P3(B)- TRUE COPY OF THE NOTICE BEARING NO.A2-489/2010 DATED 15.10.2013 ISSUED BY THE SPECIAL TAHSILDAR (LA) NO.III, KOCHI INTERNATIONAL AIRPORT, NEDUMBASSERRY, NAYATHODE.P.O.

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P4TRUE COPY OF THE REPRESENTATION DATED 05.01.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C). No. 2141 of 2016

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===================================================== Dated this the 29^th day of January, 2016

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JUDGMENT

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The limited prayer of the petitioner in the writ petition is for a direction to the 1^st respondent to consider and pass orders on Ext.P4 representation, seeking the invocation of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013, (2013 Act), while passing an award in respect of the land acquired from the petitioner.

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I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

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On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1^st respondent to consider and pass orders on Ext.P4 representation preferred by the petitioner within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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das /29.01.2016

Joseph v. the District Collector

Case brief

What is this about?

What did the court decide?

Joseph 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

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