Petitioner sought to quash land acquisition orders and declaration of illegality. Court held petition became infructuous as land was already taken possession of and handed over to the Municipality.
Petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
WP(C).No.28803 OF 2013(A)
PETITIONER/S:
C M PAUL, CHOWLLUR HOUSE, THERUVENKITAM P.O., GURUVAYUR, REPRESENTED BY HIS POWER OF ATTONREY HOLDER BY JOHNSON, AGED 48 YEARS, S/O.O.K.PORINCHUKUTTY, OLAKENGIL HOUSE, THIRUVENKITAM, IRINGAPPURAM, THRISSUR DISTRICT-680 101.
BY ADVS. SRI.P.CHANDRASEKHAR SRI.P.K.ABDU RAHEEM SMT.UMA
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM.
6 THOMAS M.J S/O.MAROKKY MATHU, IRINGAPRAM, MAROCKY HOUSE, THIURVENKITAM P.O., GURUVAYUR-680 101.
R1, R5 BY ADV. SRI.P.A.AHAMMED R1, R4 BY GOVERNMENT PLEADER R1 BY ADV. SRI.M.SREEKUMAR
OTHER PRESENT:
SMT K.AMMINIKUTTY-SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No.28803 OF 2013(A)
J U D G M E N T
The petitioner, who is stated to be the owner of 17½ cents of land in Re.Sy.No.180 and 181 of Thiruvenkitam Village in Chavakkad Taluk, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P15 order dated 12.09.2013 of the 2nd respondent Land Revenue Commissioner and for a declaration that the acquisition pursuant to Ext.P13 notification dated 25.05.2013 issued by the 4th respondent Special Tahsildar (LA), under Section 4 of the Land Acquisition Act and Ext.P15 order dated 12.09.2013 of the 2nd respondent Land Revenue Commissioner, are illegal, without jurisdiction, non est and create no right or interest or title over the aforesaid property of the petitioner, which will not vest in the Government or in the 5th respondent Guruvayoor Municipality.
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WP(C).No.28803 OF 2013(A)
affidavit opposing the reliefs sought for in this writ petition.
Recording the aforesaid submission made by the learned
counsel for the petitioner, this writ petition is dismissed as infructuous.
Sd/-
ANIL K.NARENDRAN, JUDGE
bkn/-
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WP(C).No.28803 OF 2013(A)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXHIBIT P1.TRUE COPY OF THE POWER OF ATTORNEY HOLDER DATED 23/10/2012 IN FAVOUR OF JOHNSON.
EXHIBIT P2 EXHIBIT P2.TRUE COPY OF THE READIOTHERAPY SUMMARY DATED 23/11/2004 IN RESPECT OF THE PETITIONER'S WIFE. EXHIBIT P3 EXHIBIT P3.TRUE COPY OF THE MRI OF BRAIN OF NATIONAL SCAN AND RESEARCH CENTRE, CALICUT DATED 9/3/2002 IN RESPECT OF THE PETITIONER'S WIFE. EXHIBIT P4 EXHIBIT P4.TRUE COPY OF THE RATION CARD OF THE PETTIIONER ISSUED BY THE TALUK SUPPLY OFFICER, CHAVAKKAD. EXHIBIT P5 EXHIBIT P5.TRUE COPY OF THE ORDER DATED 25/11/2004 IN CMA 21/2004 OF THE DISTRICT COURT, THRISSUR. EXHIBIT P6 EXHIBIT P6.TRUE COPY OF THE SKETCH SHOWING THE PETITIONER'S PRPERTY OF THE 6TH RESPONDENT AND ADJACENT ROADS. EXHIBIT P7 EXHIBIT P7.TRUE COPY OF THE JUDGMENT DATED 3/6/2013 IN WPC NO.9830/2006.
EXHIBIT P8 EXHIBIT P8.TRUE COPY OF THE JUDGMENT DATED 11/9/2013 IN WA NO.1325/203.
EXHIBIT P9 EXHIBIT P9.TRUE COPY OF AFFIDAVIT OF THE SECRETARY OF GURUVAYOOR MUNCIPALITY IN WPC NO.9830/2006.
EXHIBIT P10 EXHIBIT P10.TRUE COPY OF THE RESOLUTION DATED 4/5/2011 OF THE 5TH RESPONDENT
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EXHIBIT P11 EXHIBIT P11.TRUE COPY OF 15/12/2013 OF THE SECRETARY OF 5TH RESPSONDENT TO THE 3RD RESPONDENT EXHIBIT P12 EXHIBIT P12.TRUE COPY OF THE NOTICE DATED 18/72013 OF THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P13 EXHIBIT P13.TRUE COPY OF THE NOTIFICATION U/S.4 OF LAND ACQUISITION ACT DATED 25/5/2013 OF 4TH RESPONDENT PUBLISHED IN MANGALAM DAILY DATED 26/5/2013. EXHIBIT P14 EXHIBIT P14.TRUE COPY OF THE OBJECTION DATED 19/7/2013 OF PETITIONER;S WIFE TO THE 4TH RESPONDENT EXHIBIT P15 EXHIBIT P15.TRUE COPY OF THE ORDER NO.L.R.C3-35087/2013 DATED 12/9/2013. EXHIBIT P16 EXHIBIT P16.TRUE COPY OF THE COVERING LETTER DATED 17/10/2013 OF THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P17 EXHIBIT P17.PHOTOGRAPHS SHOWING THE PATHWAY AND PROPERTY OF THE PETITIONER.
C M Paul
The State of Kerala
The Land Revenue Commissioner Thiruvananthapuram
The District Collector, Trissur
The Special Tahsildar LA General, Trissur
Guruvayoor Municipality
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
