Disposed

M.T.Khadeeja v. the District Collector

Kerala HC8 Jun 2016WP(C)/8489/2016

Case brief

AI extract

What is this about?

This writ petition sought a direction for the third respondent to consider pending applications under Section 28A of the Land Acquisition Act regarding redetermination of compensation. The court granted the prayer, ordering the respondent to review the applications within six weeks after providing a hearing opportunity.

What did the court decide?

Directed the third respondent to consider the pending petitions and pass orders within six weeks.

M.T.Khadeeja 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 P.B.SURESH KUMAR

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WEDNESDAY, THE 8TH DAY OF JUNE 2016/18TH JYAISHTA, 1938

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WP(C).No. 8489 of 2016 (I)

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PETITIONERS:

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M.T.KHADEEJA, W/O. A.M.KUNHAMED, EZHIKODE P O, KANNUR TALUK, KANNUR DISTRICT 670 309.

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M.RAMESHAN, S/O.LATE C.KUNHIRAMAN, PALAKKODE P O, VENGARA VIA, KANNUR DISTRICT 670 305.

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PULUKKANATTU KIZHAKKEVEETIL THAMBAN, S/O.KOMA PODUVAL, RAMANTHALI P O, KANNUR DISTRICT 670 308.

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BY ADVS.SRI.SERGI JOSEPH THOMAS SRI.K.M.AUGUSTINE

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RESPONDENTS:

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THE DISTRICT COLLECTOR, KANNUR 670 002.

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THE SPECIAL TAHSILDAR(L.A.) EZHIMALA NAVAL ACADEMY, PAYYANNUR 670 101.

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THE SPECIAL TAHSILDAR(L.A. GENERAL), THALASSERY, KANNUR DISTRICT 670 301.

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BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN WP(C).No. 8489 of 2016 (I)

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PETITIONER'S EXHIBITS:

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EXT. P1:-TRUE COPY OF THE APPLICATION DATED 4/10/2010 FILED U/S. 28A OF LAND ACQUISITION ACT SUBMITTED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT

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EXT.P2:-TRUE COPY OF THE APPLICATION DATED 12/1/2011 FILED U/S. 28A OF LAND ACQUISITION ACT BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT

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EXT.P3:-TRUE COPY OF THE APPLICATION DATED 31/1/2014 FILED U/S. 28A OF LAND ACQUISITION ACT BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT

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EXT.P4:-TRUE COPY OF THE REPRESENTATION DATED 9/2/2016 FILED BY THE IST PETITIONER BEFORE THE CHIEF MINISTER'S PUBLIC GRIEVANCE REDRESSAL CELL AT KANNUR

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RESPONDENT'S EXHIBITS:

/TRUE COPY/

P.S. TO JUDGE

P.B.Suresh Kumar, J.

W.P.(C)No.8489 of 2016 I

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Dated this the 8^th day of June, 2016

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JUDGMENT

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Exhibits P1 to P3 are the applications preferred by the petitioners invoking Section 28A of the Land Acquisition Act, 1894 for redetermination of compensation granted to them in respect of the properties acquired from them. The limited prayer made by the learned counsel for the petitioners in this writ petition is for a direction to the third respondent to consider Exhibits P1 to P3 applications within a time frame. Having regard to the facts and circumstances of the case, I deem it appropriate to grant the relief sought by the petitioners.

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WPC 8489/16

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In the result, the writ petition is disposed of directing the third respondent to consider Exhibits P1 to P3 applications submitted by the petitioners and pass appropriate orders thereon, after affording the petitioners an opportunity for hearing, within six weeks from the date of receipt of a copy of this judgment. The petitioners are free to produce a certified copy of this judgment before the third respondent for compliance.

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P.B.Suresh Kumar, Judge

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tkv

M.T.Khadeeja v. the District Collector

Case brief

What is this about?

What did the court decide?

M.T.Khadeeja 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

Parties & counsel

Coram

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