Disposed

K.V. Ramachandran v. State of Kerala

Kerala HC18 Jan 2022WP(C)/1706/2022

Case brief

AI extract

What is this about?

The High Court issued a direction to the Special Tahsildar to dispose of the petitioner's application filed under Section 64 of the Land Acquisition Rehabilitation and Resettlement Act, 2013, within three weeks, without adjudicating the merits of the claim.

What did the court decide?

Directed the Special Tahsildar to dispose of the petitioner's application under Section 64 of the Fair Compensation Act by affording an opportunity of being heard within three weeks.

K.V. Ramachandran Vs State of Kerala — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY, THE 18^TH DAY OF JANUARY 2022 / 28TH POUSHA, 1943

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WP(C) NO. 1706 OF 2022

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PETITIONER:

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K.V. RAMACHANDRAN

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AGED 74 YEARS S/O.RAGHAVAN NAIR, PANGINIKODE HOUSE, IRUVETTY P.O., KAVANOOR, ELAYOOR, MALAPPURAM DISTRICT - 673 639.

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BY ADV P.C.SASIDHARAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE DISTRICT COLLECTOR MALAPPURAM - 676 505.

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3 THE SPECIAL TAHSILDAR LAND ACQUISITION (GENERAL) CIVIL STATION, MALAPPURAM, MALAPPURAM DISTRICT - 676 505.

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OTHER PRESENT:

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SMT. MABLE .C .KURIAN SR.G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1706 OF 2022

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JUDGMENT

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Amidst all the various averments, assertions and allegations made and urged by the petitioner in this writ petition, the sole relief sought for is that respondents 2 and 3 be directed to refer Ext.P4 Award to the competent Authority, under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the “Fair Compensation Act” for short).

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2 . The afore request of Sri.P.C.Sasidharan – learned counsel for the petitioner, was answered by the learned Senior Government Pleader – Smt.Mable C. Kurian, saying that if Ext.P5 application of the petitioner - for the afore purpose - is pending before the competent Authority, there does not appear to be any legal impediment for the competent Authority in considering the same, or in necessary action under Section 64 of the “Fair Compensation Act” being taken forward as per law;

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WP(C) NO. 1706 OF 2022

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however, praying that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to be decided by the said Authority, in terms of law.

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In the afore circumstances, I order this writ petition and direct the 3 rd respondent - Special Tahsildar, to take up Ext.P5 application of the petitioner – if it is pending – and dispose of the same, in terms of Section 64 of the Fair compensation Act, after affording him an opportunity of begin heard, as expeditiously as is possible, but not later than three weeks from t eh date of receipt of a copy of this judgment.

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I, however, reiteratingly clarify that I have not entered into the merits of any of the rival contentions of the parties

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and that all of them are open to be pursued appropriately at the relevant time.

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ANB

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Sd/DEVAN RAMACHANDRAN JUDGE

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WP(C) NO. 1706 OF 2022

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APPENDIX OF WP(C) 1706/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE AWARD DATED 21/08/2014 PASSED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE AWARD DATED 31/03/2017 IN LAR NO.31/2015 OF THE SUBORDINATE JUDGES COURT, MANJERI. Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 20/11/2020 IN LA.APPEAL NO.294/2018. Exhibit P4 TRUE COPY OF THE AWARD NO.27/2021 DATED 20/05/2021 OF THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE WRITTEN APPLICATION DATED 06/07/2021.

K.V. Ramachandran v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.V. Ramachandran v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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