Disposed

Gopinath v. Vs State of Kerala

Kerala HC26 Oct 2018WP(C)/563/2017

Case brief

AI extract

What is this about?

The Court directed the Assistant Executive Engineer, Kerala State Electricity Board, to compute the compensation payable to the petitioner for tower erection and electric line drawing within six weeks and communicate the assessment to the District Collector for immediate release.

What did the court decide?

Directed the 5th respondent to compute compensation within six weeks and inform the 3rd respondent for immediate release.

Gopinath v. 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 MRS. JUSTICE ANU SIVARAMAN

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FRIDAY ,THE 26TH DAY OF OCTOBER 2018 / 4TH KARTHIKA, 1940

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WP(C).No. 563 of 2017

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PETITIONER/S:

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GOPINATH V.

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AGED 53 YEARS, S/O.LATE A.R.VENKITESWARA PRABHU,RESIDING AT BALAJI BHAVAN, THAMARAMKULANGARA ROAD, THRIPUNITHURA, PIN-682 301.

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BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL

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RESPONDENT/S:

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1 STATE OF KERALA

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REPRESENTED BY SECRETARY,REVENUE DEPARTMENT, THIRUVANANTHAPURAM.695 001.

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2 THE DISTRICT COLLECTOR KAKKANAD, ERNAKULAM-682 030.

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3 SPECIAL TAHSILDAR LA NO.1, KOCHI METRO RAIL PROJECT,CIVIL STATION, KAKKANAD-682 030.

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4 KOCHI METRO RAIL LTD. 8TH FLOOR, REVENUE TOWER, KOCHI-682 011,REPRESENTED BY ITS MANAGING DIRECTOR.

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5 THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD,TRANSMISSION SUB DIVISION,KALAMASSERY.P.O., PIN-683 104.

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6 DELHI METRO RAIL CORPORATION LTD KOCHI METRO RAIL PROJECT,EASTERN ENTRY TOWER, ERNAKULAM SOUTH RAILWAY STATION, KOCHI-682016, REPRESENTED BY ITS MANAGING DIRECTOR.

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BY ADVS.

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SRI.K.JAJU BABU (SR.) SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY BOARD LIMITED

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SMT.M.U.VIJAYALAKSHMI SC KOCHI METRO RAIL LTD.

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SR.GP B VINOD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.10.2018, ALONG WITH RP.68/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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WP(C).No. 563 of 2017 2

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JUDGMENT

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The writ petition has been filed seeking the following prayers:

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i. Call for the records relating to Ext.P2 from the respondents. ii. Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents to disburse the compensation for the land acquired for constructing the tower and drawing electric line through the property of the petitioner with its interest from the date of possession.

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It is submitted by the learned counsel for the petitioner that, the Kerala State Electricity Board had erected additional towers for drawing of 110 KV and 66 KV line through the property for the purpose of the Kochi Metro Rail Corporation. It is stated that the compensation due to the petitioner is not being paid either by the Board or by the Corporation.

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A counter affidavit has been placed on record by 3^rd respondent as well as the 5^th respondent.

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It is submitted by the learned counsel appearing for the Board that, the Board had erected the tower in connection with increasing the height of the existing 110 KV and 66 KV line for the purpose of the Kochi Metro Rail Corporation and that the amount is due to be paid by the Corporation.

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WP(C).No. 563 of 2017 3

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The learned Senior Counsel appearing for the 3^rd respondent submits that, there is no land acquisition , but only the tower footing on the land was involved. It is stated that compensation as per the guidelines is to be assessed by the 5^th respondent, Board. Once the compensation is assessed by the 5^th respondent and informed to the 3^rd respondent, the amount shall be disbursed by the 3^rd respondent. The said submission is recorded.

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There will be a direction to the 5^th respondent to immediately compute the compensation due to the petitioner and communicate the same to the 3^rd respondent within a period of six weeks from the date of receipt of a copy of this judgment. The 3^rd respondent shall thereafter take appropriate steps for release of the compensation to the petitioner without delay as the petitioner approaching the 3^rd respondent with all supporting documents.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

sree

WP(C).No. 563 of 2017 4

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APPENDIX OF WP(C) 563/2017

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WP[C]NO.13997/2016.

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EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 11.9.2015.

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EXHIBIT P3 TRUE PHOTOGRAPHS EVIDENCING THE PRESENT STAGE OF CONSTRUCTION IN THE PETITIONER'S PROPERTY.

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RESPONDENT'S/S EXHIBITS : NIL

Gopinath v. Vs State of Kerala

Case brief

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Gopinath v. Vs State of Kerala

Case brief

What is this about?

What did the court decide?

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