Disposed

Komalavalli v. State of Kerala

Kerala HC20 Oct 2016WP(C)/36517/2015

Case brief

AI extract

What is this about?

Petitioner challenged failure to provide employment promised under land acquisition proceedings. Court directed sixth respondent to receive representation and decide within one month, subject to first respondent's approval.

What did the court decide?

Direction to sixth respondent to receive petitioner's representation and decide on employment claim within one month, subject to first respondent's approval.

Komalavalli Vs State of Kerala — Property and Title | 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 SHAJI P.CHALY

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THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938 WP(C).No. 36517 of 2015 (L) ---------------------------PETITIONER(S): -------------

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KOMALAVALLI, VELACHIRAYILNINNU, PUTHANKALATHIL HOUSE, S.N.PURAM P.O., ALAPPUZHA-688582.

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BY ADV. SMT.K.N.RAJANI

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS ADDITIONAL SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695033.

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2. THE DIRECTOR

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INDUSTRIES AND COMMERCIAL DEPARTMENT, THIRUVANANTHAPURAM-695033.

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3. THE GENERAL MANAGER

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DISTRICT INDUSTRIES CENTRE, ALAPPUZHA-688001.

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4. THE TAHSILDAR

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CHERTHALA, ALAPPUZHA-688524.

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5. THE VILLAGE OFFICER S.N.PURAM, CHERTHALA-688582.

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6. THE MANAGING DIRECTOR AUTOKAST LTD., S.N.PURAM, CHERTHALA-688582.

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R1 TO R5 BY SENIOR GOVERNMENT PLEADER

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SRI.T.K.ARAVINDKUMAR BABU

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R6 BY ADV. SMT.LATHA ANAND, SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36517 of 2015 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : TRUE COPY OF THE PROCEEDINGS OF THE REVENUE DIVISIONAL OFFICER DT.6-4-79. P2 : TRUE COPY OF THE RATION CARD. P3 : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DT.25-7-2011. P4 : TRUE COPY OF THE COMMUNICATION DT.21-12-2011. P5 : TRUE COPY OF THE CORRESPONDENCE DT.17-7-2013. P6 : TRUE COPY OF THE REPRESENTATION DT.5-8-2013. P7 : TRUE COPY OF THE PASS CERTIFICATE SHOWING THE COMPLETION OF PRE DEGREE DT.3-1-1998. P8 : TRUE COPY OF THE COURSE CERTIFICATE SHOWING THE COMPLETION OF COMPUTER COURSE ISSUED BY VOCATIONAL TRAINING CENTRE, CHERTHALA DT.30-1-2001.

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RESPONDENT(S)' EXHIBITS :

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EXT.R6(a): COPY OF THE ORDER DT 11/8/2016 ISSUED BY THE GOVERNMENT OF KERALA.

//TRUE COPY//

P.A.TO JUDGE

SHAJI P. CHALY, J.

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W.P.(C). NO. 36517 OF 2015

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Dated this the 20^th day of October, 2016

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JUDGMENT

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Petitioner's property was acquired for construction of

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steel plant in S.N. Puram as per Ext.P1 proceedings. According to the petitioner, as stipulated under Ext. P1, one person of a family whose property was acquired is assured with a job. However, in the case of the petitioner the assurance made in Ext.P1 is not carried out by the respondents, is the case put forth by the petitioner. Therefore, seeking appropriate direction petitioner has filed this writ petition.

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The third respondent has filed a counter affidavit virtually supporting the claim put forth by the petitioner and also endorsing the stipulation contained under Ext.P1. Sixth respondent has also filed a counter affidavit admitting that there is a clause contained under Ext. P1, however stating that the issue relates to 37 years back to the filing of

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W.P.(C). NO. 36517 OF 2015 2

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this writ petition. It is also stated that the Autokast Limited is a sick industrial establishment and proceedings are pending before BIFR, awaiting a scheme. Therefore, it is the contention of the sixth respondent that no manner of benevolence can be provided for the reliefs sought for by the petitioner.

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Heard learned counsel for the petitioner, learned Government Pleader and learned standing counsel appearing for the sixth respondent, and perused the documents on record and the pleadings put forth by the respective parties.

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Evaluating the contentions raised by the respective parties and also realising the situation that there was an offer made to a person who has lost land, that one of the beneficiaries of the property will be provided with an employment, I think it is only appropriate that the sixth respondent, receives a representation from the petitioner and take a decision on the same.

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In that view of the matter, there will be a

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W.P.(C). NO. 36517 OF 2015 3

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direction to the sixth respondent to receive a representation from the petitioner, within two weeks from the date of receipt of a copy of this judgment and consider the same taking note of the fact that in Ext.P1 there was a promise extended by the respective authority to provide employment to one member of the family, who lost the property in acquisition and a decision shall be taken, within a month thereafter, after providing an opportunity of hearing to the petitioner. Needless to say, if approval of the first respondent is required and if the sixth respondent takes a decision in favour of the petitioner, the same shall be placed before the first respondent and in that event the first respondent shall take a decision, at the earliest and at any rate, within two months from the date of receipt of request if any from the sixth respondent.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Komalavalli v. State of Kerala

Case brief

What is this about?

What did the court decide?

Komalavalli v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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