Disposed

Periyar & Pareekanni Rubbers Limited v. the Special Tahsildar

Kerala HC15 Jan 2018WP(C)/2851/2014

Case brief

AI extract

What is this about?

The High Court directed the petitioner to produce pending documents related to three Land Acquisition cases. It ordered the State to process these documents within one month and direct the reference under Section 18 of the Land Acquisition Act, 1894 within two months of application submission.

What did the court decide?

Direction to petitioner to submit documents within one month; direction to respondents to process them and make reference under Section 18 within two months.

Periyar & Pareekanni Rubbers Limited Vs the Special Tahsildar — Land Acquisition | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

MONDAY, THE 15TH DAY OF JANUARY 2018 / 25TH POUSHA, 1939

¶5

WP(C).No. 2851 of 2014

¶6

PETITIONER

¶7

PERIYAR & PAREEKANNI RUBBERS LIMITED, PALAI,REPRESENTED BY ITS DIRECTOR MR.VINOD MATHEW.

¶8

BY ADVS.SRI.JOSEPH MARKOSE (SR.)

¶9

SRI.V.ABRAHAM MARKOS

¶10

SRI.BINU MATHEW

¶11

SRI.TOM THOMAS (KAKKUZHIYIL)

¶12

SRI.ABRAHAM JOSEPH MARKOS

¶13

SRI.ABRAHAM VARGHESE THARAKAN

¶14

RESPONDENTS:

¶15

1. THE SPECIAL TAHSILDAR, LAND ACQUISITION,PERIYAR VALLEY IRRIGATION PROJECT, KOTHAMANGALAM-PERUMBAVOOR COLLECTORATE,KAKKANAD, COCHIN-30.

¶16

2. STATE OF KERALA,

¶17

REPRESENTED BY THE SECRETARY,IRRIGATION DEPARTMENT, TRIVANDRUM-695001.

¶18

R1& R2 BY SPL GOVERNMENT PLEADER SMT. LATHA.T. THANKAPPAN

¶19

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

sdr/-

¶21

WP(C).No. 2851 of 2014 (F)

¶22

APPENDIX

¶23

PETITIONER(S)' EXHIBITS

¶24

EXT.P1 TRUE COPY OF JUDGMENT DATED 8-10-1998 PASSED BY THE HONOURABLE COURT IN O.P.14819 OF 1998

¶25

EXT.P2 TRUE COPY OF COMMON JUDGMENT DATED 16-10-2009 PASSED BY THIS HONOURABLE COURT IN LAA.451/2O04 AND CONNECTED CASES

¶26

EXT.P3(A) TRUE COPY OF NOTICE OF AWARD NO.5/81 DATED 16-1-1981 IN L.A.CASE NO.244/1980 ISSUED BY THE LAND ACQUISITION OFFICER,KOTHAMANGALAM TALUK.

¶27

EXT.P3(B) TRUE COPY OF NOTICE OF AWARD NO.171/1981 DATED 31-3-1981 IN L.A.252/1980 ISSUED BY THE LAND ACQUISITION OFFICER,KOTHAMANGALAM TALUK

¶28

EXT.P3(C) TRUE COPY OF NOTICE OF AWARD NO.101/1981 DATED 26-3-1981 IN L.A.14/1981 ISSUED BY THE LAND ACQUISITION OFFICER,KOTHAMANGALAM TALUK

¶29

EXT.P4(A) TRUE COPY OF REFERENCE APPLICATION DATED 25-2-1981 IN L.A.CASE NO.244/1980 BEFORE THE SPECIAL TAHSILDAR (LAND ACQUISITION),KOTHAMANGALAM

¶30

EXT.P4(B) TRUE COPY OF REFERENCE APPLICATION DATED 7-5-1981 IN L.A.252/1980 BEFORE THE SPECIAL TAHSILDAR (LAND ACQUISITION),KOTHAMANGALAM

¶31

EXT.P4(C) TRUE COPY OF REFERENCE APPLICATION DATED 29-4-1981 IN L.A.14/1981 BEFORE THE SPECIAL TAHSILDAR (LAND ACQUISITION),KOTHAMANGALAM.

¶32

WP(C).No. 2851 of 2014 (F)

¶33

EXT.P5(A) TRUE COPY OF THE LETTER DATED 25-3-1999 ISSUED BY THE PETITIONER IN L.A.244/1980 TO THE SPECIAL TAHSILDAR(LA),KAKKANAD

¶34

EXT.P5(B) TRUE COPY OF LETTER DATED 25-3-1999 ISSUED BY THE PETITIONER IN L.A.252/1980 TO THE SPECIAL TAHSILDAR(LA),KAKKANAD.

¶35

EXT.P5(C) TRUE COPY OF LETTER DATED 25-3-1999 ISSUED BY THE PETITIONER IN L.A.14/1981 TO THE SPECIAL TAHSILDAR(LA)KAKKANAD

¶36

EXT.P6(A) TRUE COPY OF LETTER DATED 2-3-2010 ISSUED BY THE PETITIONER IN L.A.244/1980 TO THE SPECIAL TAHSILDAR(LA)KAKKANAD.

¶37

EXT.P6(B) TRUE COPY OF LETTER DATED 2-3-2010 ISSUED BY THE PETITIONER IN L.A.252/1980 TO THE SPECIAL TAHSILDAR(LA)KAKKANAD

¶38

EXT.P6(C) TRUE COPY OF LETTER DATED 2-3-2010 ISSUED BY THE PETITIONER IN L.A.14/1981 TO THE SPECIAL TAHSILDAR(LA)KAKKANAD.

¶39

EXT.P7(A) TRUE COPY OF LETTER DATED 30-1-2013 ISSUED BY THE PETITIONER IN L.A.244/1980 TO THE SPECIAL TAHSILDAR(LA)KAKKANAD

¶40

EXT.P7(B) TRUE COPY OF LETTER DATED 30-1-2013 ISSUED BY THE PETITIONER IN L.A.252/1980 TO THE SPECIAL TAHSILDAR(LA)KAKKANAD

¶41

EXT.P7(C) TRUE COPY OF LETTER DATED 30-1-2013 ISSUED BY THE PETITIONER IN L.A.14/1981 TO THE SPECIAL TAHSILDAR(LA)KAKKANAD.

¶42

RESPONDENTS EXHIBITS NIL

/TRUE COPY/

PA TO JUDGE

sdr/-

SHAJI P. CHALY, J.

¶47

W.P.(C). No. 2851 OF 2014

¶48

---------------------------------------- Dated this the 15^th day of January, 2018

¶49

JUDGMENT

¶50

This writ petition is filed by the petitioner seeking direction to the respondents to refer LA Case Nos. 244/1980, 252/1980 and 14/1981 to the appropriate Sub Court in accordance with the provisions contained under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred as the 'Act, 1894'). Evidently, petitioner has approached this Court and secured Ext.P1 judgment directing reference of eight Land Acquisition proceedings, with certain riders obligating the petitioner to comply with. According to the petitioner, pursuant to the direction contained in Ext.P1, five of the Land Acquisition Cases were referred to the appropriate Sub Court, as sought for by the petitioner. However, three Land Acquisition Cases are not referred, which

¶51

W.P.(C). No. 2851 of 2014

¶52

¶53

constrained the petitioner to approach this Court by filing this writ petition.

¶54

A statement is filed for and on behalf of the respondents, submitting that pursuant to the directions, Land Acquisition Cases were referred to the Sub Court for determination in respect of five cases. It is also the case of the respondents that the file in respect of three pending cases are not available with the office of the respondents, which disabled the respondents from referring the matter, as is sought for by the petitioner under Section 18 of the Act, 1894. However fact remains, the passage of award, issuance of notice on award and the application submitted by the petitioner under Section 18 of the Act, 1894 are not under dispute.

¶55

That being the situation, petitioner is directed to produce again whatever available documents remaining with the petitioner before the respondents, at the earliest possible time, and at any rate, within one month from the date of receipt of a copy of this judgment,

¶56

W.P.(C). No. 2851 of 2014 3

¶57

which shall be processed by the respondents, in accordance with law and if the application under Section 18 of the Act, 1894 is submitted by the petitioner, within the time frame fixed under law, reference shall be made within two months thereafter.

¶58

The writ petition is disposed of, accordingly.

¶59

SHAJI P. CHALY JUDGE

¶60

DCS

Periyar & Pareekanni Rubbers Limited v. the Special Tahsildar

Case brief

What is this about?

What did the court decide?

Periyar & Pareekanni Rubbers Limited v. the Special Tahsildar

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

Case details

Similar cases

M/S. Paulose George Construction Co.(P)Ltd. Vs the State of Kerala

Jayan. N Vs Stte of Kerala

The Regional Fruits and Vegetable Producers Co-Operative Marketing Society Ltd. NO.C-816 Vs the Tahsildar

Sajeev Kumar M.R Vs the Sub Divisional Magistrate

Sadanandan T.K. Vs State of Kerala

Azhar Kuriyathoda Vs Union Territory of Lakshadweep