This order directs the 4th respondent (Corporation of Cochin) to consider and pass orders on a representation filed by the petitioner regarding the release of land acquisition compensation deposited by the Government.
Direction to the 4th respondent to consider the petitioner's representation and pass appropriate orders within two months.
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 MRS. JUSTICE ANU SIVARAMAN
MONDAY ,THE 22ND DAY OF OCTOBER 2018 / 30TH ASWINA, 1940
WP(C).No. 19790 of 2018
PETITIONER/S:
ANTONITTO
AGED 73, S/O.LATE K.J.COLUMBUS,KALAPURACKAL HOUSE, EDAKOCHI,KOCHI- 682010.
BY ADVS. SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE,KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM- 695 001.
WP(C).No. 19790 of 2018 2
8 V.R.PIUS VELUTHEDAN, COLUMBS ROAD, KOCHI- 682 010. 9 V.R.JACOB VELUTHEDAN, COLUMBS ROAD, KOCHI- 682 010. BY ADVS. SRI.K.ANAND, SC, COCHIN CORPN. JOSEPH, K.L, SC, COCHIN CORPN.
OTHER PRESENT:
VINITHA B GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19790 of 2018
3
JUDGMENT
The petitioner has approached this Court seeking
the following reliefs:
“i. issue a writ of mandamus or appropriate writ, order or direction commanding respondents 3 and 4 to disburse Rs.5,23,700/- (Rupees Five Lakhs Twenty Three Thousand and Seven Hundred) with interest to the petitioner being the value of his land which was acquired by the first respondent for the construction of road.
ii. issue a writ of mandamus or appropriate writ, order or direction commanding 4th respondent to consider and take appropriate action on Exhibit P5, forwarded to him, within a time limit to be specified by the Honourable Court.”
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent Corporation.
3. Notice to respondents 6 to 10 is being dispensed with, in view of the directions being issued. The contention of the petitioner is that the petitioner was entitled to compensation awarded for the acquisition of property by the Corporation. It is stated that an amount of Rs.5,23,700/- had been deposited pursuant to Ext.P2 judgment in an interest
WP(C).No. 19790 of 2018 4
earning account only to consider the claims of the contesting respondents for the said amount of compensation. The learned counsel for the petitioner submits that the petitioner has approached the respondents seeking the release of the amounts in deposit to him. It is stated that the petitioner's claim for the release of the compensation has been set out in Ext.P5, which is liable to be considered. It is further submitted by the learned counsel for the petitioner that the representation preferred by the petitioner has been forwarded to the 4th respondent and is pending before the 4th respondent.
4. Having heard the learned Standing Counsel also, I am of the opinion that Ext.P5 representation preferred by the petitioner is liable to be considered, on its merits, by the 4th respondent.
In the above view of the matter, there will be a direction to the 4th respondent to take up, consider and pass appropriate orders on Ext.P5 representation with notice to the petitioner as well as respondents
WP(C).No. 19790 of 2018
5
6 to 10 within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this writ petition along with a copy of the judgment before the 4th respondent for compliance.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
sab
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXT P1 COPY OF STATEMENT FILED BY THE 3RD RESPONDENT IN WP(C) NO.15965/2008.
EXT P2 COPY OF JUDGMENT DATED 15/02/17 PASSED BY THIS HON'BLE COURT IN WP(C) NO.15965/2008.
EXT P3 COPY OF DEATH CERTIFICATE OF JOSEPH JOPPEN.
EXT P4 COPY OF JUDGMENT DATED 20/07/90 PASSED BY THE FIRST ADDL.SUB COURT, ERNAKULAM IN I.P NO.2 OF 1997 EXCLUDING THE LAST PAGE REGARDING MEMO OF COST.
EXT P5 COPY OF REPRESENTATION DATED 27/04/17. EXT P6 COPY OF ACKNOWLEDGMENT CARDS EVIDENCING SENDING OF EXHIBITS P5.
TRUE COPY
PA TO JUDGE sab
1 issue framed by the court
Whether a representation made by the petitioner regarding payment of land acquisition compensation is liable to be considered by the 4th respondent.
1 provisions across 1 enactments
Antonitto
State of Kerala
District Collector Kakkanad
Corporation of Cochin
Cyriilla Joppen
V.R. Joshy
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
