The High Court of Kerala ordered the District Collector/Special Tahsildar to take up and dispose of the petitioner's application for enhanced compensation under Section 28A of the Kerala Land Acquisition Act, 1894, within three months.
Direction to take up and dispose of Ext.P2 application within three months.
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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 19TH DAY OF JANUARY 2022 / 29TH POUSHA, 1943
WP(C) NO. 1689 OF 2022
PETITIONER:
DR.P.S.THAHA AGED 83 YEARS PRESENTLY RESIDING AT A-27-A, JAWAHAR NAGAR, KOWDIAR P.O., THIRUVANANTHAPURAM:695 003,FROM SALIM MANZIL, SREENAGAR LANE, PARUTHIPPARA, MUTTADA P.O., THIRUVANANTHAPURAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SRI. BIJU BALACHANDRAN, S/O.BALACHANDRAN, AGED 49 YEARS, RESIDING AT SREESYLAM, MEENATHUCHERRY, KAVANAD P.O., KOLLAM DISTRICT: PIN - 691003 BY ADVS. PIRAPPANCODE V.S.SUDHIR AKASH S. A.MEGHA V.S.VARALEKSHMI AMRITHAPRIYA.C
RESPONDENTS:
1 DISTRICT COLLECTOR, THIRUVANANHAPURAM CIVIL STATION ROAD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695043 2 THE SPECIAL TAHSILDAR ADDITIONAL L.A. UNIT, CIVIL STATION ROAD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695043
M.ANIMA- G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1689 OF 2022
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JUDGMENT
The petitioner's singular plea in this
case is that 2nd respondent be directed to
take up and dispose of Ext.P2 application preferred by him under the provisions of Section 28A of the Kerala Land Acquisition Act, 1894 (hereinafter referred to as “Act”
for short), within a time frame to be fixed by this Court.
– 2. Smt.V.S.Varalekshmi learned
counsel for the petitioner, explains that
the inordinate delay caused by the 2nd respondent in disposing of Ext.P2 application is egregiously improper,
particularly because, Ext.P1 judgment of the Land Reference Court was issued as early as on 21.12.2019. She, therefore, reiteratingly
WP(C) NO. 1689 OF 2022
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prayed that Ext.P2 be directed to be taken up and disposed of by the 2nd respondent without any further delay.
pending, but that if it is so, then necessary action will be taken without any avoidable delay.
WP(C) NO. 1689 OF 2022
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In the afore circumstances, I order this
writ petition and direct the 2nd respondent to take up Ext.P2 application of the petitioner – if it is still pending – and dispose of the same, after following due procedure and after affording him an
opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS/19/01/2022
WP(C) NO. 1689 OF 2022
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APPENDIX OF WP(C) 1689/2022
PETITIONER'S EXHIBITS
Exhibit P1 COMMON JUDGMENT DATED 17.12.2019 OF THE SECOND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM IN LAR 361/2009 AND 604/2009. Exhibit P2 APPLICATION DATED 16.11.2020 SUBMITTED BY THE PETITIONER SEEKING ENHANCEMENT OF COMPENSATION UNDER SECTION 28A OF THE LAND ACQUISITION ACT 1894
2 issues framed by the court
Whether to direct the Special Tahsildar to take up and dispose of the petitioner's application for enhancement of compensation under Section 28A of the Kerala Land Acquisition Act, 1894.
Whether to fix a time frame within which the application should be disposed of.
1 provisions across 1 enactments
DR.P.S.THAHA
DISTRICT COLLECTOR, THIRUVANANTHAPURAM
THE SPECIAL TAHSILDAR ADDITIONAL L.A. UNIT, THIRUVANANTHAPURAM
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
