Disposed

K.J.Francis v. State of Kerala

Kerala HC8 Jan 2020WP(C)/17303/2019

Case brief

AI extract

What is this about?

The court disposed of a writ petition regarding land acquisition compensation. It directed the petitioner to execute a sale deed to the corporation, after which the Collector must refer the claim for enhanced compensation under the LARR Act, 2013, and disburse the amount to the legal heirs.

What did the court decide?

The petitioner shall execute a sale deed in favour of the Corporation; thereupon, the Collector shall refer the claim for enhanced compensation under Section 64 of the LARR Act, 2013, and disburse the

K.J.Francis Vs State of Kerala — Land Acquisition | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA, 1941

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WP(C).No.17303 OF 2019(K)

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PETITIONER:

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K.J.FRANCIS AGED 73 YEARS S/O LATE RAPHEL JOSEPH, KONNOTH HOUSE, RAMESWARAM VILLAGE, ERNAKULAM DISTRICT, NOW RESIDING AT KONNOTH HOUSE, KAZHUTHUMUKKU, THOPUMPADI, KOCHI - 682 005, (NEAR JACOB NURSING HOME)

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BY ADVS. SRI.VARGHESE K.PAUL KUM.TERESA AMMU

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 DISTRICT COLLECTOR

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CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.

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3 CORPORATION OF KOCHI PARK AVENUE, ERNAKULAM - 682 011, REPRESENTED BY ITS SECRETARY.

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R3 BY SRI.E.D.GEORGE, SC, COCHIN CORPORATION

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OTHER PRESENT:

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SRI.A.C VIDHYA, GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.17303/2019

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JUDGMENT

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Dated this the 8^th day of January 2020

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The petitioner is one of the legal heirs of late Raphel Joseph.

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Late Raphel Joseph was the owner of the property having an extent of 1 Acre 4 cents in Survey No.998/2 of Rameswaram Village, Kochi Taluk. The Kochi Municipal Corporation has taken possession of 1.90 Ares of land from the aforesaid land in Rameswaran village for the formation of Blaparambu road. This was in the year 1998. No compensation amount was paid. The Kochi Municipal Corporation requested the Tahsildar to fix the land value. The land value was fixed at Rs.10,74,857/- per Are.

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Along with the statement filed by the 2^nd respondent, valuation certificate was produced. In the counter affidavit filed by the Cochin Corporation, it is stated that the value fixed by the Tahsildar will be given to the petitioner. This Court when asked the learned Standing Counsel to get instructions within what time the amount could be given, it is submitted that it can be given within two months.

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The above submission is recorded. The petitioner is not satisfied with the compensation amount determined by the Tahsildar. In such circumstances, on payment of the compensation amount to the petitioner,

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W.P.(C) No.17303/2019

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the petitioner shall execute a sale deed in favour of the Cochin Corporation. Thereafter, treating the sale deed as an Award for the purpose of reference to the authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Collector shall refer the claim for enhanced compensation of the petitioner before the authority within a further period of one month. The Corporation shall deposit the amount before the Collector. The Collector shall disburse the compensation amount to the legal heirs of late Raphel Joseph in accordance with the legal heir certificate produced and on being satisfied that the legal heirs had executed the sale deed in favour of the Corporation, the Collector

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shall invoke Section 64 of the above Act.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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smp

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W.P.(C) No.17303/2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE LEGAL HEIR CERTIFICATE DATED 26/04/2016 ISSUED BY TAHSILDAR, KOCHI EXHIBIT P2 THE TRUE COPY OF THE LAND TAX PAID RECEIPT DATED 07/01/2016, ISSUED BY THE VILLAGE OFFICER, RAMESWARAM VILLAGE EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION SENT THROUGH REGISTERED POST WITH ACKNOWLEDGMENT CARD BY THE PETITIONER TO THE SECRETARY OF THE 3RD RESPONDENT EXHIBIT P4 THE TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 17/04/2018 ISSUED BY THE SECRETARY OF THE 3RD RESPONDENT TO THE THASILDAR, KOCHI TALUK EXHIBIT P6 THE TRUE COPY OF THE LETTER DATED, 05/05/2018 ISSUED BY TAHSILDAR KOCHI TALUK TO THE VILLAGE OFFICER RAMESWARAM

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EXHIBIT P7 COPY OF THE CERTIFIED COPY OF SALE DEED NO.148/1921 OF SRO,KOCHI. RESPONDENTS' EXHIBITS:

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ANNEXURE R2(a) TRUE COPY OF THE VALUATION CERTIFICATE DATED 4.2.2019.

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True Copy

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P.S to Judge

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smp

K.J.Francis v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.J.Francis v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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