Disposed
K. Jayachandran v. State of Kerala
Kerala HCWP(C)/8539/2013
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 9TH DAY OF DECEMBER 2021/18TH AGRAHAYANA, 1943
WP(C) NO. 8539 OF 2013
PETITIONER:
K. JAYACHANDRAN AGED 53 YEARS S/O. KUMARADASAN NAIR, RESIDING AT “GANAM”, NEAR POST OFFICE, CHIRAYINKEEZHU.
BY ADV SRI. M.SREEKUMAR
RESPONDENTS:
SRI. FAISAL – GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.12.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.8539 OF 2013
2
JUDGMENT
This writ petition is filed to quash Ext.P7 notification issued by the 5th respondent under Section 4(1) of the Kerala Land Acquisition Act for acquisition of properties for construction of railway over bridge and approach road. The learned Government Pleader states that Ext.P7 notification is dated 11.02.2013 and pursuant to the same Section 6 declaration has been issued and an award has also been passed. The property of the petitioner has been taken possession of. The submission of the learned Government Pleader is recorded.
Therefore, I am of the opinion that nothing survives to be considered in the writ petition and accordingly, this writ petition is closed.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR
WP(C).No.8539 OF 2013
3
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE RELEASE DEED NO 844/1992 OF SUB REGISTRY OFFICE, CHIRAYINKEEZHU DATED 02/04/1992. EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DTD 23/04/2012 NO.0468918 ISSUED BY THE VILLAGE OFFICER, CHIRAYINKEEZHU TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF ORDER NO.G. O(RT)NO. 1185/09 PWD DATED 14/08/2009. EXHIBIT P4 TRUE COPY OF THE ALIGNMENT PALAN OF THE APPROACH ROAD, OBTAINED BY THE PETITIONER UNDER RTI ACT. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE MINISTER FOR PUBLIC WORKS DATED 16/09/2011. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIOENR BEFORE THE KERALA CHIEF MINISTER DATED 12/07/2012. EXHIBIT P7 TRUE COPY OF THE GAZETTE NOTIFICATION PUBLISHED IN KERALA KAUMUDI DAILY DTD 15/02/2013., TRIVANDRUM EDITION.
RESPONDENTS'S EXHIBITS: NIL.
1 issue framed by the court
Whether the writ petition filed to quash the notification for land acquisition is legally sustainable.
Colour shows how this judgement treated each authority
None citedReferred
1 provisions across 1 enactments
K. JAYACHANDRAN
STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT
CHIEF ENGINEER, PWD (ROADS AND BRIDGES)
ASSISTANT ENGINEER, PWD (ROADS SECTION)
DISTRICT COLLECTOR, THIRUVANANTHAPURAM
SPECIAL TAHSILDAR, L A - GENERAL
MURALI PURUSHOTHAMAN
As recorded by the court registry
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