Disposed

Shaiju, v. State of Kerala

Kerala HC15 Sept 2020WP(C)/17405/2020

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking compensation for a building taken over by the District Disaster Management Authority. The court disposed of the petition directing the third respondent to consider the petitioner's representation and determine the compensation within two weeks.

What did the court decide?

Directed the Third Respondent to consider the petitioner's representation (Exhibit-P2) and determine compensation within two weeks.

Shaiju, 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 SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942 WP(C).No.17405 OF 2020(A)

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PETITIONER:

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SHAIJU, AGED 50 YEARS, S/O.ABBAS, PUTHENVILA VEEDU, AGASTHYACODE, ANCHAL VILLAGE, PUNALUR TALUK, ANCHAL P.O., KOLLAM - 691 306.

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BY ADVS. SRI.P.SIVARAJ SMTR.SUDARSANA DEVI SRI.I.P.VARGHESE SMT.M.M.LAIJU NISSA SMT.M.MEHAR FARSANA

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RESPONDENTS:

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

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2 THE DISTRICT COLLECTOR, KOLLAM, (CHAIRMAN, DISTRICT DISASTER MANAGEMENT AUTHORITY), COLLECTORATE, KOLLAM - 691 013.

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3 THE CHIEF EXECUTIVE OFFICER DISTRICT DISASTER MANAGEMENT AUTHORITY, COLLECTORATE, KOLLAM - 691 013.

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4 THE TAHSILDAR, PUNALUR TALUK TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION, KOLLAM - THENKASI ROAD, PANAMKUTTYMALA, PUNALUR, KOLLAM DISTRICT - 691 305.

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5 VILLAGE OFFICER ANCHAL VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT - 691 306.

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SRI.PRINCY XAVIER, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.17405/2020

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JUDGMENT

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Dated this the 15^th day of September, 2020

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The grievance of the petitioner is that the respondents have not paid any compensation after taking over the building of the petitioner. It is stated that a four storied building owned by the petitioner in Anchal has been taken over by the Disaster Management Authority as per Exhibit - P1 notice on 23.3.2020. The petitioner submitted Exhibit - P2 representation before the third respondent Executive Officer, Disaster Management Authority, pointing out that no compensation has been granted and he is incurring loss day to day.

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The learned Government Pleader, on instructions, submits that the Government had already issued an order G.O. (M.S.) No.22/20/DMD dated 26.6.2020 in respect of compensation

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for such building taken over by the Authority and the petitioner's case would be considered in accordance with law.

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W.P.(C) No.17405/2020

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Accordingly, this Writ Petition is disposed of directing the

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third respondent to consider Exhibit-P2 representation before determining compensation of the petitioner and the same shall be done within a period of two weeks.

Sd/-

P.V.ASHA, JUDGE

csl

W.P.(C) No.17405/2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE NO.97/20 DTD. 23/03/2020 ISSUED BY VILLAGE OFFICER, ANCHAL (4TH RESPONDENT) TO THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF REPRESENTATION DTD. 16/08/2020 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.

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EXHIBIT P3 TRUE COPY OF BUILDING TAX RECEIPTS ISSUED BY ANCHAL GRAMA PANCHAYAT.

Shaiju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaiju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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