Disposed

American Engineering Consultancy v. District Collector

Kerala HC30 Oct 2018WP(C)/5149/2018

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Kerala Water Authority to consider and dispose of the petitioner's representation regarding proposed land acquisition within one month, ensuring the petitioner was heard and afforded a hearing. Further steps must await these orders.

What did the court decide?

Direction to the 2nd respondent to consider and dispose of Ext.P25 representation within one month, after notice and hearing of the petitioner.

American Engineering Consultancy Vs District Collector — 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940

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WP(C).No. 5149 of 2018

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PETITIONER:

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AMERICAN ENGINEERING CONSULTANCY SERVICES LLP REPRESENTED BY ITS PRESIDENT, SMT.AMMINI KURIAN, AGED 75 YEARS, W/O.LATE ADV. P.J.KURIAN, PANNIKKOTTU HOUSE, PURAMATTAM P.O., MALLAPPALLY THALUK, PATHANAMTHITTA DISTRICT.

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BY ADVS. SRI.VARUGHESE M EASO SMT.JISEMOL THOMAS SRI.M.S.NARAYANAN SRI.VIVEK VARGHESE P.J.

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RESPONDENTS:

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1 DISTRICT COLLECTOR, PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT.

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2 KERALA WATER AUTHORITY, REPRESENTED BY IT'S MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-33.

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3 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF WATER RESOURCES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.

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R1 & R3 BY SR.GOVERNMENT PLEADER SRI.B.VINOD R2 BY ADV.SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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OTHER PRESENT:

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5149 of 2018 2

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JUDGMENT

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The petitioner has approached this Court seeking the following prayers:-

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i) issue a writ of mandamus or any other appropriate writ, order or direction, compelling the 3^rd respondent to drop all the land acquisition proceedings on the property comprised in Re Survey No.53/1 and Re Survey No.53/3 in Koipuram Village.

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ii) issue a writ of mandamus or any other appropriate writ, order or direction, compelling the 1^st respondent to consider the issue and dispose Exhibit P10 representation judiciously in accordance with the provisions of law by affording an opportunity of being heard to the petitioner.

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Heard learned counsel for the petitioner and the learned Government Pleader as well as the learned Standing Counsel appearing for the Kerala Water Authority.

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It is submitted by the learned counsel for the petitioner that the property of the petitioner which is being utilised for startup a project is being acquired by the respondents without considering the objections raised by the petitioner. It is submitted that Ext.P25 detailed representation has been preferred before the 2^nd respondent water authority pointing out the factual aspects of

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the matter and seeking dropping of the said proposal. It is

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WP(C).No. 5149 of 2018 3

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submitted that the said representation is liable to be considered and disposed of before any further steps are taken by the respondents.

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Having heard learned Government Pleader as well as the learned Standing Counsel, I am of the opinion that Ext.P25 representation preferred by the petitioner before the requisitioning authority is liable to be considered and disposed of on its merits.

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Accordingly, there will be a direction to the 2^nd respondent to take up, consider and pass appropriate orders on Ext.P25 representation preferred by the petitioner with notice and after hearing the petitioner as well. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. It is made clear that any further steps shall be subject to the orders so passed by the 2^nd respondent on Ext.P25 representation.

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The writ petition is ordered accordingly.

ANU SIVARAMAN

JUDGE

rmm

WP(C).No. 5149 of 2018 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF CERTIFICATE OF INCORPORATION 15-05-2017 OF THE AMERICAN ENGINEERING CONSULTANCY.
EXHIBIT P2	TRUE COPY OF THE RESOLUTION DT.24-08- 2017 BY THE PETITIONER.
EXHIBIT P3	TRUE COPY OF THE LEASE DEED NO.1206/17 OF VENNIKULAM SUB REGISTRY DATED 26-09- 2017.
EXHIBIT P4	TRUE COPY OF THE RECOGNITION CERTIFICATE DATED 21-12-2017 ISSUED UNDER THE START UP PROGRAM BY THE DEPARTMENT INDUSTRIAL POLICY & PROMOTION.
EXHIBIT P5	TRUE COPY OF THE PURCHASE ORDER NO.PO # 1101 DATED 03-08-17.
EXHIBIT P6	TRUE COPY OF THE PROJECT PROPOSAL BY THE WORLDWIDE EXPERTS AND SCIENTISTS.
EXHIBIT P7	TRUE COPY OF THE RELEVANT PAGE OF THE PHE HANDBOOK.
EXHIBIT P8	TRUE COPY OF THE CALCULATION SHEET PREPARED BY THE PETITIONER WITH THE HELP OF EXPERTS.
EXHIBIT P9	TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE KOIPURAM GRAMA PANCHAYAT.
EXHIBIT P10	TRUE COPY OF THE REPRESENTATION DATED 20-11-2017 BY THE PETITIONER TO THE DISTRICT COLLECTOR.
EXHIBIT P11	TRUE COPY OF THE JUDGMENT OF HONOURABLE SUPREME COURT OF INDIA IN CIVIL APPEAL NO.6792 OF 2013.
EXHIBIT P12	A TRUE COPY OF REPLY OF THE PUBLIC INFORMATION OFFICER, OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,ADOOR

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WP(C).No. 5149 of 2018 5

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EXHIBIT P13	A TRUE COPY OF THE LETTER OF THE PUBLIC INFORMATION OFFICER OF KOIPPURAM VILLAGE TO THE COUNSEL FOR THE PETITIONER
EXHIBIT P14	A TRUE COPY OF THE TERM SHEET ISSUED BY STATE BANK OF INDIA
EXHIBIT P15	A TRUE COPY OF THE LETTER OF THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES OF THE GOVERNMENT OF INDIA
EXHIBIT P16	A TRUE COPY OF THE REPRESENTATION MADE BY THE COUNSEL FOR THE PETITIONER
EXHIBIT P17	A TRUE COPY OF THE LETTER ISSUED BY THE AMERICAN ENGINEERING GROUP TO THE MANAGING DIRECTOR OF THE PETITIONER COMPANY
EXHIBIT P18	A TRUE COPY OF THE PURCHASE ORDER PLACED BY THE PETITIONER COMPANY WITH M/S AMERICAN ENGINEERING GROUP
EXHIBIT P19	TENDER SUMMARY REPORT ISSUED BY THE GOVERNMENT OF INDIA
EXHIBIT P20	A TRUE COPY OF LETTER OF MINISTRY OF MICRO AND SMALL AND MEDIUM ENTERPRISES OF THE GOVERNMENT OF INDIA
EXHIBIT P21	A TRUE COPY OF THE TEAMING AGREEMENT ENTERED INTO BETWEEN M/S.VAJRA RUBBER PRODUCTS PVT.LTD. AND THE PETITIONER COMPANY
EXHIBIT P22	TERM SHEET ISSUED BY THE STATE BANK TO THE PETITIONER COMPANY REGARDING TERM LOAN OF RS.6 CRORES
EXHIBIT P23	TRUE COPY OF THE REPRESENTATION SUBMITTED AGAINST THE PROPOSED ACQUISITION TO THE MANAGING DIRECTOR, KERALA WATER AUTHORITY.

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WP(C).No. 5149 of 2018 6

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EXHIBIT P24 TRUE COPY OF THE REPRESENTATION SUBMITTED AGAINST THE PROPOSED ACQUISITION TO THE MANAGING DIRECTOR, KERALA WATER AUTHORITY.

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EXHIBIT P25 TRUE COPY OF REPRESENTATION SUBMITTED AGAINST THE PROPOSED ACQUISITION TO THE MANAGING DIRECTOR, KERALA WATER AUTHORITY.

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY //

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P.A. TO JUDGE

American Engineering Consultancy v. District Collector

Case brief

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What did the court decide?

American Engineering Consultancy v. District Collector

Case brief

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