Remanded

Muraleedharan Pillai v. State of Kerala

Kerala HC15 Nov 2018WP(C)/32635/2018

Case brief

AI extract

What is this about?

Direction passed to ensure determination of enhanced compensation under Section 28A of the Land Acquisition Act, 1894, by either passing final awards on pending applications or communicating existing awards.

What did the court decide?

Order to competent authority to ascertain status of Section 28A applications and either pass awards or communicate existing ones within three months.

Muraleedharan Pillai Vs State of Kerala — Land Acquisition | Kerala HC (2018)

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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 ALEXANDER THOMAS

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THURSDAY, THE 15TH DAY OF NOVEMBER 2018/24TH KARTHIKA, 1940

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WP(C).No.32635 of 2018

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PETITIONERS:

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1 MURALEEDHARAN PILLAI, S/O. MADHAVAN PILLAI, AGED 82 YEARS, BINDHU BHAVAN, KULAKKADA, POOVATHOOR, KOTTARAKKARA, KOLLAM 691507.

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2 BHARATHI AMMA, W/O. LATE S. JANARDHANAN PILLAI, AGED 78 YEARS, NAGARUVILA VEEDU, THURUTHEELAMBALAM, KULAKKADA, KOTTARAKKARA, KOLLAM 691506.

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3 RAJASEKHARAN NAIR, S/O. LATE BALAKRISHNA PILLAI, AGED 65 YEARS, PUTHEN VEETTIL, POOVATHOOR WEST, MAVADI P.O., KOTTARAKKARA, NOW RESIDING AT SREENILAYAM, THUVAYOOR NORTH, MANAKKARA P.O., ADOOR, PATHANAMTHITTA - 691 553.

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4 P. RAVEENDRAN NAIR S/O. LATE PARAMESWARAN PILLAI, AGED 64 YEARS, KOOTTIKKATTU PANDINJATTATHIL, POOVATHOOR WEST, KOLLAM - 691310.

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BY ADVOCATES SRI.PRATHEESH.P & SMT.RENY ANTO

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LAND REVENUE COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM 695001.

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2 THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM - 691 013.

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3 THE SPECIAL TAHASILDAR, LAND ACQUISITION (KIP), KUNDARA, KOLLAM - 691501.

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BY SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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W.P.(C)No. 32635 of 2018

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Dated this the 15^th day of November, 2018

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J U D G M E N T

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The prayers in the above Writ Petition (Civil) are as follows.

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“

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i. Issue a writ of mandamus or other appropriate writ, order of direction commanding the respondents to pass enhanced compensation amount for the application filed under section 28(A) in Exhibit P1 to P1 (c) in the light of the judgment of the Hon'ble Supreme Court of India in Sundar and ors. Vs. Union of India 2001(3) KLT page 489 within a stipulated time as directed by this Hon'ble Court.

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ii. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. ”

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2. Heard Sri.P.Pratheesh, learned counsel appearing for

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the petitioners, and Sri.Saigi Jacob Palatty, learned Senior Government Pleader, appearing for the respondents.

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The property belonging to the 1^st petitioner and the deceased predecessor in respect of petitioners 2 to 4, were acquired by the respondents for the purpose of Kallada Irrigation Project of “Kulakkada distributor”. The acquisition was stated to be in the year 1983. Petitioners 2 to 4 are the legal heirs of the respective original claimants. After rendering of the award the petitioners came to know that, higher compensations were awarded in the judgment and decree/award of the Addl. Sub Court, Kollam in LAR No.111/1985 which according to the

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..3..

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W.P.(C).No.32635/2018

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petitioners pertain to the very same notification. Thereafter the petitioners have filed Exts.P-1 to P-1(c) applications before the respondents under Section 28A of the Land Acquisitions Act, 1894, seeking higher compensation on the basis of the award/decree in LAR.No.111/1985 of the Addl. Sub Court, Kollam. According to the petitioners, thereafter the 2^nd respondent had issued Exts.P-2 to P-2(c) enquiry notices on 3.12.2007 to the respective claimants. After the said proceedings, nothing has been communicated to the petitioners and that, to the best knowledge of the petitioners, no award has been passed on the abovesaid 28A applications as per Ext.P-1 series despite the lapse of long 18 years.

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In the light of these facts and circumstances it is ordered that, the competent authority among the respondents 2 & 3/the competent authority concerned, will immediately ascertain whether awards have been passed finally disposing of Ext.P-1 series of Section 28A applications. And in case such award has already been passed, then the competent authority will immediately communicate a copy of the said award on Ext.P-1 series of applications to the petitioners by registered speed post.

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..4..

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W.P.(C).No.32635/2018

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On the other hand, it is to be ascertained that the award has not so far passed in Ext.P-1 series of Section 28A applications, then the competent authority concerned will immediately issue notices of hearing to the petitioners, and thereafter should afford a reasonable opportunity of being heard to the petitioners, and then will pass the award on the abovesaid applications, without further delay preferably within a period of 3 months from the date of production of a certified copy of this judgment. It is clarified that this Court has not dealt with on any of the aspects regarding the merits of the controversy.

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With these observations and directions, this Writ Petition (Civil) will stand finally disposed of. The petitioners may produce a certified copy of this judgment before the respondents and the competent authority concerned for necessary information and further action.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

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W.P.(C).No.32635/2018

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..5..

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF APPLICATION FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P1 (A) THE TRUE COPY OF APPLICATION FILED BY THE HUSBAND OF THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P1 (B) THE TRUE COPY OF APPLICATION FILED BY THE FATHER OF THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P1 (C) THE TRUE COPY OF APPLICATION FILED BY THE FATHER OF THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P2 THE COPY OF THE ENQUIRY NOTICE ISSUED BY THE 3RD RESPONDENT DATED 3.12.2007 ISSUED TO THE 1ST CLAIMANT. EXHIBIT P2 (A) THE COPY OF THE ENQUIRY NOTICE ISSUED BY THE 3RD RESPONDENT DATED 3.12.2007 ISSUED TO THE 2ND CLAIMANT. EXHIBIT P2 (B) THE COPY OF THE ENQUIRY NOTICE ISSUED BY THE 3RD RESPONDENT DATED 3.12.2007 ISSUED TO THE 3RD CLAIMANT. EXHIBIT P2 (C) THE COPY OF THE ENQUIRY NOTICE ISSUED BY THE 3RD RESPONDENT DATED 3.12.2007 ISSUED TO THE 4TH CLAIMANT.

Muraleedharan Pillai v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muraleedharan Pillai v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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