On 07-11-2017, Justice K. Vinod Chandran disposed of two writ petitions. He recorded the Special Government Pleading regarding the provision of the 2013 Act and the petition was disposed of without further ado.
Writ petitions disposed of after recording the Special Government Pleading regarding the requirement of passing an award under the 2013 Act.
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 K.VINOD CHANDRAN
TUESDAY, THE 7TH DAY OF NOVEMBER 2017/16TH KARTHIKA, 1939
WP(C).No. 22066 of 2015 (G)
PETITIONER(S):
MARIYAKUTTY, W/O.MATHEW, THAYIL HOUSE, MANAKKAD, THODUPUZHA.
BY ADVS.SRI.P.P.THAJUDEEN SRI.MANSOOR.B.H.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2. SPECIAL TAHSILDAR, LAND ACQUISITION, OFFICE OF THE SPECIAL TAHSILDAR, THODUPUZHA, 685 584.
3. DISTRICT COLLECTOR, CIVIL STATION, IDUKKI, 685 001.
BY SPECIAL GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-11-2017, ALONG WITH WPC.NO.22519/2015 ,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 22066 of 2015 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. A TRUE COPY OF THE DOCUMENT NO.231/2004 OF SUB REGISTRAR OFFICE, THODUPUZHA.
EXHIBIT P1. TRUE COPY OF THE NOTICE DATED 3.6.15 ISSUED BY THE 2ND RESPONDENT IN LAC 52/14.
RESPONDENT(S)' EXHIBITS & ANNEXURES
EXHIBIT R2(A):- A TRUE COPY OF GO(RT) NO.3085/14/RD DATED 05.7.2014 ISSUED BY REVENUE (B) DEPARTMENT.
ANNEXURE 1:- TRUE COPY OF THE JUDGMENT DATED 24.7.2015 IN WP(C).NO.22373/2015.
/TRUE COPY/
PS TO JUDGE
TS
K.VINOD CHANDRAN, J.
W.P.(C)Nos.22066 & 22519 of 2015
Dated this the 7th day of November, 2017
JUDGMENT
It is submitted by the learned Special Government
Pleader appearing for the State that the land acquisition proceedings were initiated under the old Act (Land Acquisition Act, 1894). However no award has been passed. It is also submitted that the award would be passed only under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The submission is recorded and the writ petition is disposed of.
Sd/-
K.VINOD CHANDRAN, JUDGE
skj
1 issue framed by the court
Whether the writ petition regarding land acquisition proceedings initiated under the old Act should be disposed of after noting therequirement of passing award under the 2013 Act.
2 provisions across 2 enactments
MARIYAKUTTY, W/O.MATHEW, THAYIL HOUSE, MANAKKAD, THODUPUZHA.
STATE OF KERALA
SPECIAL TAHSILDAR, LAND ACQUISITION, OFFICE OF THE SPECIAL TAHSILDAR, THODUPUZHA
DISTRICT COLLECTOR, CIVIL STATION, IDUKKI
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
