Disposed

Kunhikoya v. Land Acquisition Collector

Kerala HC8 Jan 2016WP(C)/477/2016

Case brief

AI extract

What is this about?

The court addressed a writ petition concerning an application by petitioners to the Taluk Legal Services Authority for enhancement of land acquisition compensation filed past the limitation period. The court directed the Authority to endeavour to settle the dispute, ordering proceedings to be dropped if settlement is not achieved within three months, while disposing of the writ petition.

What did the court decide?

Direction to Taluk Legal Services Authority to attempt settlement; drop proceedings if settlement fails within three months.

Kunhikoya Vs Land Acquisition 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.MUHAMED MUSTAQUE

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FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937

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WP(C).No. 477 of 2016 (H)

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PETITIONER(S) :

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1. KUNHIKOYA, AGED 58 YEARS, S/O.THACHERI SAIDU MOHAMMED KOYA, KUNJALIYAKAL (H), AMINI ISLAND OF LAKSHADWEEP.

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2. AYISHABI, AGED 77 YEARS, D/O.KUNHIKOYA, MADALACHETTA, THACHERY, KUNJALIYAKAL (H), AMINI ISLAND OF LAKSHADWEEP.

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3. AYISHUMMA BEEVI, AGED 47 YEARS, S/O.THACHERI SAIDU MOHAMMED KOYA, KUNJALIYAKAL (H), AMINI ISLAND OF LAKSHADWEEP.

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4. KHADEESHABI, AGED 42 YEARS, S/O.THACHERI SAIDU MOHAMMED KOYA, KUNJALIYAKAL (H), AMINI ISLAND OF LAKSHADWEEP.

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5. ATTAVI, AGED 37 YEARS, D/O.THACHERI SAIDU MOHAMMED KOYA, KUNJALIYAKAL (H), AMINI ISLAND OF LAKSHADWEEP.

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6. RAMLA BEEGAM, AGED 32 YEARS, S/O.THACHERI SAIDU MOHAMMED KOYA, KUNJALIYAKAL (H), AMINI ISLAND OF LAKSHADWEEP.

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BY ADVS.SRI.C.KHALID SRI.T.V.MAMMOOTTY SRI.N.A.JOSEPH SRI.K.P.MOHAMED SHAFI SMT.K.S.HASEENA SRI.PHIJO PRADEESH PHILIP SMT.K.REEHA KHADER SMT.K.K.NESNA

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..2/-

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..2..

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WP(C).No. 477 of 2016 (H)

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RESPONDENT(S) :

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1. LAND ACQUISITION COLLECTOR, COLLECTORATE, KAVARATHI, UNION TERRITORY OF LAKSHADWEEP.

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2. SUB DIVISIONAL OFFICER, KADAMAT ISLAND, UNION TERRITORY OF LAKSHADWEEP.

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3. TALUK LEGAL SERVICES AUTHORITY (SUB COURT), UNION TERRITORY OF LAKSHADWEEP.

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BY ADV. SRI.S.RADHAKRISHNAN, S.C

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 477 of 2016 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXT.P1: THE COPY OF THE DETAILS OF AMOUNT OF COMPENSATION AWARDED IN LAND ACQUISITION PROCEEDINGS FILE NO.F.NO. 34/72/2006-LR.

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EXT.P2: THE COPY OF THE RECEIPT SIGNED BY THE PETITIONER NO. 1 DATED 06/12/2008. EXT.P3: THE COPY OF THE APPLICATION DATED 04/0/3/2010. EXT.P4: THE COPY OF THE ORDER PASSED BY THE LAND ACQUISITION COLLECTOR, KAVARATHI DATED 16/01/2013. EXT.P5: THE COPY OF THE PLP LA NO.22/2014 BEFORE TALUK SERVICES AUTHORITY (SUB COURT) AMINI ISLAND DATED 29/09/2014. EXT.P6: THE COPY OF THE NOTICE IN PLP NO.22/2014 ISSUED BY TALUK LEGAL SERVICES AUTHORITY (SUB COURT) AMINI ISLAND DATED 14/10/2014.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

A. Muhamed Mustaque, J.

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====================================

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W.P.(C)No.477 of 2016

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==================================== Dated this the 8^th day of January, 2016.

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JUDGMENT

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1.Petitioners approached the Taluk Legal Services Authority (Sub Court) Amini Island, by Ext.P5. The request of the

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petitioners is that they may be given the market value of the land acquired from them.

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2.It appears that the land belonging to the petitioners has been acquired, invoking the powers under the Land Acquisition Act. Petitioners sought reference for enhancement of the compensation. This appears to be after the limitation period. Therefore, the request of the petitioners was rejected. Thereafter, the petitioners approached the Legal Services Authority, seeking enhancement.

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W.P.(C)No.477 of 2016

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-:2:-

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3.Learned Standing Counsel submits that, such a request is not maintainable as the petitioners cannot be permitted to re-open the proceedings, once concluded against them, on account of the expiry of the period of limitation.

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4.This court is of the view that, the Taluk Legal Services Authority shall take every endeavour to settle the dispute. However, if parties cannot arrive at a settlement, the Taluk Legal Services Authority shall drop further proceedings in the matter. Needful shall be done within a period of three months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of as above.

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A. Muhamed Mustaque, Judge.

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sl.

Kunhikoya v. Land Acquisition Collector

Case brief

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Kunhikoya v. Land Acquisition Collector

Case brief

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