The High Court of Kerala allowed a writ petition seeking a direction for the Special Tahsildar to consider a redetermination application under Section 28A of the Land Acquisition Act, 1894, within six weeks.
Directing the third respondent to consider Exhibit P7 application and pass appropriate orders within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 8TH DAY OF JUNE 2016/18TH JYAISHTA, 1938
WP(C).No. 8475 of 2016 (H)
PETITIONER:
NALUPURAPPATTIL PEEDIKAYIL UMAIMATH, D/O.LATE M.T.SULAIMAN, RAMANTHLI AMSOM, ETTIKKULAM PO, KANNUR DISTRICT-670 308.
BY ADVS.SRI.SERGI JOSEPH THOMAS SRI.K.M.AUGUSTINE
RESPONDENTS:
BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WP(C).No. 8475 of 2016 (H)
PETITIONER'S EXHIBITS:
EXT. P1 : TRUE COPY OF THE APPLICATION DATED 7-4-1998 FILED BEFORE THE 2ND RESPONDENT U/S SEC. 28A OF THE LAND ACQUISITION ACT.
EXT. P2 : TRUE COPY OF THE NOTICE NO.G.524/05 DATED 15-9-2008
EXT. P3 : TRUE COPY OF THE STATEMENT DATED 17-10-2008 FILED BY THE PETITIONER.
EXT. P4 : TRUE COPY OF THE A/D CARD SIGNED BY THE SECOND RESPONDENT.
EXT. P5 : TRUE COPY OF THE PROCEEDINGS NO.D.DIS 524/05/C DATED 16.10.2008 OF THE SECOND RESPONDENT.
EXT. P6 : TRUE COPY OF THE APPLICATION DATED 5-11-2008 FILED BEFORE THE 2ND RESPONDENT U/S SEC. 28A(3) OF THE LAND ACQUISITION ACT.
EXT. P7 : TRUE COPY OF THE APPLICATION DATED 30-12-2014 FILED BEFORE THE 2ND RESPONDENT U/S SEC. 28A OF THE LAND ACQUISITION ACT.
RESPONDENT'S EXHIBITS: NIL.
/TRUE COPY/
P.S. TO JUDGE
P.B.Suresh Kumar, J.
W.P.(C)No.8475 of 2016 H
Dated this the 8th day of June, 2016
JUDGMENT
Exhibit P7 is an application preferred by the petitioner invoking Section 28A of the Land Acquisition Act, 1894 for redetermination of compensation in respect of a property acquired from her. The limited prayer made by the learned counsel for the petitioner in this writ petition is for a direction to the third respondent to consider Exhibit P7 within a time frame.
the case, I deem it appropriate to grant the relief sought by the petitioner.
WPC 8475/16
2
In the result, the writ petition is disposed of directing the third respondent to consider Exhibit P7 application and pass appropriate orders thereon, after affording the petitioner an opportunity for hearing, within six weeks from the date of receipt of a copy of this judgment. The petitioner is free to produce a certified copy of this judgment before the third respondent for compliance.
P.B.Suresh Kumar, Judge
tkv
1 issue framed by the court
Whether the writ petition under Section 28A of the Land Acquisition Act, 1894, for redetermination of compensation and direction to consider the application, should be allowed.
1 provisions across 1 enactments
Nalapurappattil Peedikayil Umath
The District Collector, Kannur
The Special Tahsildar (L.A.), Ezhimala Naval Academy
The Special Tahsildar (L.A. General), Thalassery
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
