Disposed

Kalasakarathi Devaki v. the Special Tahsildar

Kerala HC7 Feb 2018WP(C)/46/2018

Case brief

AI extract

What is this about?

The Court directed the Special Tahsildar (LA) to consider the petitioner's application filed under Section 28A(3) of the Land Acquisition Act, 1894, within two months. The petitioner sought reference of her claim to the competent court after her initial application was rejected.

What did the court decide?

The petitioner was directed to produce a copy of the application for verification, and the authority was directed to consider the application within two months.

Kalasakarathi Devaki Vs the Special Tahsildar — RTI and Transparency | 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 SHAJI P.CHALY

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WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939

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WP(C).No. 46 of 2018

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--------------------

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PETITIONER

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KALASAKARATHI DEVAKI, W/O.NARANKULANGARA KUNHIKANNAN, NEAR THAVURIYAD TEMPLE, POST RAMANTHALI, PAYYANNUR, KANNUR DISTRICT.

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BY ADVS.SRI.M.SASINDRAN

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SRI.SATHEESHAN ALAKKADAN

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RESPONDENT(S):

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1. THE SPECIAL TAHSILDAR (LA), LAND ACQUISITION, EZHIMALA NAVAL ACADEMY PROJECT, PAYYANNUR-670307, KANNUR DISTRICT.

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2. THE DISTRICT COLLECTOR, KANNUR-670001.

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BY GOVERNMENT PLEADER SMT VINITHA B

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 46 of 2018 (E)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE APPLICATION FILED UNDER SECTION 28A FILED BY THE PETITIONER IS ISSUED UNDER RIGHT TO INFORMATION ACT. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 4.12.2008 IN PROCEEDINGS NO.D.DIS.C1362/05 OF THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AND HER CHILDREN ON 01.01.2009 UNDER SECTION 28A (3) OF THE ACT.

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RESPONDENTS EXHIBITS: NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE

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SHAJI P. CHALY, J.

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W.P.(C). No. 46 OF 2018

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Dated this the 07^th day of February, 2018

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JUDGMENT

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A property having an extent of 0.2282 in R.S. No. 187/2B in Ramanthali Village, Kannur District belonging to the petitioner's husband was acquired by the Government for the purpose of Naval Academy. Apparently from the pleadings it is evident that, no application was submitted by the petitioner under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred as the 'Act, 1894') and consequent to which, he submitted an application under Section 28A of the Act, 1894. The same was rejected, as per Ext.P2 stating that petitioner did not produce the copy of the award along with the application, under Section 28A of the Act, 1894. Thereupon, petitioner has submitted Ext.P3 under Subsection (3) of Section 28A seeking reference of the matter to the appropriate court. According to the petitioner, the same is pending consideration from 01.01.2009. It is thus

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W.P.(C). No. 46 of 2018 2

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seeking appropriate directions, this writ petition is filed.

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Having heard learned counsel for the petitioner and learned Government Pleader and perusing the pleadings and the documents on record, there will be a direction to the first respondent to consider Ext.P3 application submitted by the petitioner, at the earliest possible time, and at any rate, within two months from the date of receipt of a copy of this judgment. I also direct the petitioner to produce a copy of Ext.P3 for verification of the first respondent, since the subject matter is pending before the said authority for the past more than eight years.

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Writ petition is disposed of, accordingly.

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sd/-

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SHAJI P. CHALY JUDGE

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DCS

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//True Copy//

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P.A. to Judge

Kalasakarathi Devaki v. the Special Tahsildar

Case brief

What is this about?

What did the court decide?

Kalasakarathi Devaki v. the Special Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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