Allowed

Ajayan.M v. State of Kerala

Kerala HC9 Nov 2016WP(C)/28560/2016

Case brief

AI extract

What is this about?

Writ petition filed by legal heirs of a deceased landowner seeking direction to the Special Tahsildar to decide on a Section 28A application for compensation determination after an award was passed without a reference application being filed.

What did the court decide?

Direction to the third respondent to take the Section 28A application filed by petitioners into board and decide on it after issuing notice of hearing.

Ajayan.M Vs State of Kerala — Land Acquisition | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

WEDNESDAY, THE 9TH DAY OF NOVEMBER 2016/18TH KARTHIKA, 1938

¶5

WP(C).No. 28560 of 2016 (T)

¶6

PETITIONER(S):

¶7

1. AJAYAN.M

¶8

S/O.MUNDIYADI, PERACHAKUTTY,

¶9

MUNDIYADI HOUSE, EAST HILL,

¶10

WEST HILL (PO), KOZHIKODE-673 005.

¶11

¶12

RADHA A.

¶13

W/O.MUNDIYADI PERACHAKUTTY, MUNDIYADI HOUSE, EAST HILL,

¶14

WEST HILL (PO), KOZHIKODE-673 005.

¶15

3. SUBHASH BABU M.

¶16

S/O.MUNDIYADI PERACHAKUTTY, MUNDIYADI HOUSE, EAST HILL,

¶17

WEST HILL (PO), KOZHIKODE-673 005.

¶18

¶19

SUBHASHINI M.

¶20

D/O.MUNDIYADI PERACHAKUTTY, MUNDIYADI HOUSE, EAST HILL,

¶21

WEST HILL (PO), KOZHIKODE-673 005.

¶22

5. SANTHOSH KUMAR M.

¶23

S/O.MUNDIYADI PERACHAKUTTY, MUNDIYADI HOUSE, EAST HILL,

¶24

WEST HILL (PO), KOZHIKODE-673 005.

¶25

¶26

REENA M.

¶27

D/O.MUNDIYADI PERACHAKUTTY, MUNDIYADI HOUSE, EAST HILL, WEST HILL (PO), KOZHIKODE-673 005.

¶28

7. RAJITHA M.

¶29

D/O.MUNDIYADI PERACHAKUTTY, MUNDIYADI HOUSE, EAST HILL, WEST HILL (PO), KOZHIKODE-673 005.

¶30

¶31

SABEESHA M. D/O.MUNDIYADI PERACHAKUTTY, MUNDIYADI HOUSE, EAST HILL, WEST HILL (PO), KOZHIKODE-673 005.

¶32

-2-

¶33

WP(C).No. 28560 of 2016 (T)

¶34

9. SANGEETHA M. D/O.MUNDIYADI PERACHAKUTTY, MUNDIYADI HOUSE, EAST HILL, WEST HILL (PO), KOZHIKODE-673 005.

¶35

BY ADV. SRI.K.PRAVEEN KUMAR

¶36

RESPONDENT(S):

¶37

1. STATE OF KERALA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶38

2. THE DISTRICT COLLECTOR, KOZHIKODE-673 020.

¶39

3. THE SPECIAL TAHSILDAR (LA), GENERAL CIVIL STATION (PO), KOZHIKODE-673 020.

¶40

R3 BY SPL. GOVERNMENT PLEADER SMT. LATHA T THANKAPPAN

¶41

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶42

WP(C).No. 28560 of 2016 (T)

¶43

APPENDIX

¶44

PETITIONER(S)' EXHIBITS

¶45

EXHIBIT P1 : TRUE COPY OF THE DEATH CERTIFICATE OF SRI.MUNDAYADI PERACHAKUTTY THE FATHER OF THE PETITIONERS.

¶46

EXHIBIT P2 : TRUE COPY OF THE LEGAL HEIR CERTIFICATE OF THE PETITIONERS.

¶47

EXHIBIT P3 : TRUE COPY OF THE COMMON JUDGMENT IN LAR 420/99 OF THE PRINCIPLE SUB COURT, KOZHIKODE.

¶48

EXHIBIT P4 : TRUE COPY OF THE APPLICATION FILED UNDER SEC.28(A) OF THE LAND ACQUISITION ACT.

¶49

EXHIBIT P5 : TRUE COPY OF THE COMMUNICATION SENT BY THE 3RD RESPONDENT.

¶50

EXHIBIT P6 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS FATHER'S BROTHER SRI.MUNDAYADI DASAN UNDER SEC.28(A) OF THE ACT.

¶51

EXHIBIT P7 : TRUE COPY OF THE COMMUNICATION SENT BY 3RD RESPONDENT TO SRI.MUNDAYADI DASAN.

¶52

EXHIBIT P8 : TRUE COPY OF THE JUDGMENT DATED 26-5-2009 OF THIS HON'BLE COURT IN WPC.NO.7139/2009.

¶53

EXHIBIT P9 : TRUE COPY OF THE JUDGMENT DATED 6-1-2010 IN WPC.NO. 3225/2009.

¶54

EXHIBIT P10 : TRUE COPY OF THE ORDER DATED 8-6-2016 OF THE 3RD RESPONDENT.

¶55

EXHIBIT P11 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT.

¶56

RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

¶61

W.P.(C) No.28560 of 2016

¶62

Dated this the 9^th day of November, 2016

¶63

JUDGMENT

¶64

Petitioners are legal heirs of late Sri. Mundiyadi Perachakutty, whose garden land to an extent of 0.0043 hectors comprised in TS No.1-27-1003/3 of Katcheri village of Kozhikode Taluk was acquired for a public purpose. After enquiry award was passed by the third respondent. Compensation of land belonging to the petitioner's father was determined at the rate of Rs.29,98,000/- per hector. However, no reference was applied for. Consequentially, petitioner's, legal heirs of the original owner of the land submitted application under Section 28A for determination of the compensation, in accordance with the award passed by the competent court. However, no decision was taken and it is in this background seeking appropriate direction, this writ petition is filed.

¶65

Heard learned counsel for the petitioners, learned Government Pleader appearing for the respondents and perused the documents on record and pleadings.

¶66

W.P.(C) No.28560 of 2016

¶67

¶68

Learned Government Pleader on instructions submitted that 28A application is filed within the time permitted under law.

¶69

Therefore, there will be a direction to the third respondent to take on Board the application submitted by the petitioners under Section 28A and take a decision on the same, in accordance with law, after issuing notice of hearing of the petitioners or any other interested or affected persons.

¶70

Writ petition is disposed of accordingly.

¶71

Sd/-

¶72

SHAJI P. CHALY,JUDGE

¶73

dlk/9/11/

Ajayan.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajayan.M v. State of Kerala

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

Similar cases

Yohannan.K. Vs the State of Kerala

Vinod Venkidachalam Vs State of Kerala

Mohammed Hussain Vs the Managing Authority, Kerala Water Authority

M/S.Chalayyam Travels and Transports Vs Government of India

Antony @ Antony Burnad Vs State of Kerala

T.I.Alikunju Vs State of Kerala