The Kerala High Court granted a writ of mandamus directing the Special Tahsildar to forward a reference application under Section 28A of the Land Acquisition Act, 1894 to the Sub Court Payyannur within one month.
Directed respondents to refer the matter to Sub Court Payyannur within one month.
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.
WP(C) NO. 12494 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943 WP(C) NO. 12494 OF 2021
PETITIONER/S:
THURUTHIPALLI SHOBANA, AGED 60 YEARS,
W/O. LATE KALASAKARAN KARUNAKARAN, KOVVAPPURAM, POST RAMANTHALI, PAYYANNUR, KANNUR DISTRICT.
BY ADVS. M.SASINDRAN SATHEESHAN ALAKKADAN
RESPONDENT/S:
LAND ACQUISITION, EZHIMALA NAVAL ACADEMY PROJECT, PAYYANNUR - 670 307.
SMT A C VIDHYA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Ext.P3 is an application for reference filed by the legal heirs of Sri.Kalasakkaran Karunakaran under Section 28A (3) of the Land Acquisition Act, 1894 based on the revised judgment in LAR No. 120 of 1987 on the file of the Sub Court, Payyannur. The petitioner contends that in the light of the law laid down by this Court in Annamma Thomas v. State of Kerala [2010 (1) KLT 623], an award passed by reference court following an appellate order of remit is an award sufficient to sustain an application under Section 28(1). Being aggrieved by the inaction of the respondents in forwarding Ext.P3, she has approached this Court seeking the following reliefs.
learned Government Pleader.
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application was initially not traceable. However, the same has been traced out now and the same shall be forwarded to the Sub Court, Payyannur within a period of one month.
respondents to refer the matter as sought for in Ext.P3 to the Sub Court, Payyannur expeditiously, in any event, within a period of one month from
today. The petitioner shall produce a copy of the writ petition along with this
judgment before the 1st respondent to ensure compliance.
This writ petition is disposed of.
SD/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
WP(C) NO. 12494 OF 2021 4
APPENDIX OF WP(C) 12494/2021
PETITIONER(S) EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPLICATION DATED 03.06.2008 FILED BY THE HUSBAND OF THE PETITIONER BEFORE THE COLLECTOR UNDER SECTION 28A FILED BY THE PETITIONER IS ISSUED UNDER RIGHT TO INFORMATION. Exhibit P2 TRUE COPY OF THE ORDER NO.DDIS/871/05/C DATED 07.08.2009 ISSUED BY THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER AND HER CHILDREN ON 04.02.2010 UNDER SECTION 28A (3) OF THE ACT TO THE 1ST RESPONDENT.
RESPONDENT(S) EXHIBITS: NIL
1 issue framed by the court
Whether a writ of mandamus should be issued to direct respondents to forward an application for reference under Section 28A of the Land Acquisition Act, 1894 to the Sub Court.
1 provisions across 1 enactments
Thuruthipalli Shobana
Special Tahsildar (LA), Land Acquisition, Ezhimala Naval Academy Project, Payyannur
District Collector, Kannur
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
