Allowed

E K Joseph, v. the Special Tahsildar (La)

Kerala HC17 Nov 2022WP(C)/20636/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition and ordered the District Collector to pass fresh awards in the name of the correct landowner (Ouseph Korah) under Section 18 of the Land Acquisition Act. The court directed the Collector to deposit the award amounts with interest before the Sub Court, Kottayam, for reapportionment, treating prior references as being under Section 18.

What did the court decide?

Directed to pass fresh awards in the name of Ouseph Korah; to deposit award amounts with interest before the Sub Court for apportionment;

E K Joseph, Vs the Special Tahsildar (La) — 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 T.R.RAVI

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THURSDAY, THE 17^TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944

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WP(C) NO. 20636 OF 2022

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PETITIONERS:

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1 E K JOSEPH, AGED 56 YEARS, S/O LATE OUSEPH KORAH, ERUMPANATHU (H), PERUMBAIKADU P.O., PARAMPUZHA, KOTTAYAM - 686004.

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2 BOBY KORAH, AGED 53 YEARS, S/O LATE OUSEPH KORAH, ERUMPANATHU (H), PERUMBAIKADU P.O., PARAMPUZHA, KOTTAYAM - 686004.

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3 E.K. CYRIAC, AGED 49 YEARS, S/O LATE OUSEPH KORAH, ERUMPANATHU (H), PERUMBAIKADU P.O., PARAMPUZHA, KOTTAYAM - 686004.

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BY ADV GIKKU JACOB

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RESPONDENTS:

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1 THE SPECIAL TAHSILDAR (LA) NATIONAL HIGHWAY, CHANGANACHERRY P.O., KOTTAYAM - 686101.

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2 THE KERALA STATE TRANSPORT PROJECT (KSTP), REPRESENTED BY ITS EXECUTIVE ENGINEER, DIVISION OFFICE, REST HOUSE COMPOUND, ERNAKULAM - 686661.

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3 DISTRICT COLLECTOR, COLLECTORATE, COLLECTORATE P.O., KOTTAYAM - 686 002. SRI.BIMAL K.NATH, SR.GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 20636 OF 2022

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T.R. RAVI, J.

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W. P. (C). No.20636 of 2022

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Dated this the 17^th day of November, 2022

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JUDGMENT

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The prayers in this writ petition are for a direction to the 3 rd

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respondent to pass fresh award in LAC No.6/08 (56) and LAC No.6/08 (57) in the name of Ouseph Korah, for a direction to the 3 rd respondent to disburse the award amounts in LAC No.6/08 (56) (57) & (58), LAC No.2/12 (41) and LAC 2/12 (42) to the petitioners who are the successors of late Ouseph Korah or to deposit the award amount before the reference court and for a direction to refer the above said land acquisition cases to the Sub Court, Kottayam for re-determination of the compensation and apportionment of the award amount. The contention of the petitioners is that Exts.P1 & P2 show the name of Ancy Jose instead of Ouseph Korah, who ought to have been shown as the person entitled to the compensation. It is submitted that instead of making a reference under Section 18(1), a reference has been made under Section 28A of the Land Acquisition Act. The petitioners submit that the petitioners have not relied on any judgment so as to make Section 28A applicable.

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WP(C) NO. 20636 OF 2022

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Petitioners also submit that even though the amounts were deposited, the same do not include the interest amount payable from the date of the award, as is required under the Statute.

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2 . The Government Pleader on instructions submits that interest amount has not been deposited and reference was made since the application was submitted requesting for reference under Section 18 as well as under Section 28A. There is also no dispute regarding the correction that is required with regard to the person who is entitled to the compensation.

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In the above circumstances, this writ petition is allowed. There will a direction to the 3 rd respondent to pass fresh awards in the name in LAC No.6/08 (56) & (57) in the name of Ouseph Korah and thereafter refer the same under Section 18 to the Sub Court, Kottayam. The earlier reference of the said LAC in the wrong name shall be closed in view of the fresh reference by the Sub Court, Kottayam on production of this judgment. The award amount in all these cases along with the interest due shall be deposited before the Sub Court, Kottayam and the petitioners are at liberty to move the Court for apportionment of the same. References which have already been made shall be treated as reference under Section 18

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WP(C) NO. 20636 OF 2022

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by the Sub Court, Kottayam and dealt with accordingly. The Registry shall forward a copy of this judgment to the Sub Court, Kottayam for information and action. The 3 rd respondent shall pass fresh awards as directed above within one month from the date of receipt of a certified copy of this judgment.

Sd/-

T.R. RAVI JUDGE

WP(C) NO. 20636 OF 2022

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PETITIONERS' EXHIBITS

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Exhibit P1	TRUE COPY OF THE AWARD DATED 03.05.2008 IN LAC NO 6/08 (56).
Exhibit P2	TRUE COPY OF THE AWARD DATED 03.05.2008 IN LAC NO.6/08 (57).
Exhibit P3	TRUE COPY OF THE AWARD DATED 03.05.2008 IN LAC NO.6/08 (58).
Exhibit P4	TRUE COPY OF THE JUDGMENT DATED 27.07.2009 IN W.P.(C) NO.9780/2009 OF THIS HON'BLE COURT.
Exhibit P5	TRUE COPY OF THE AWARD DATED 21.03.2012 IN LAC NO.6/08 (41).
Exhibit P6	TRUE COPY OF THE AWARD DATED 21.03.2012 IN LAC NO.6/08 (42).
Exhibit P7	TRUE COPY OF THE APPLICATION DATED 30.3.2016 FILED UNDER SECTIONS 18(1) AND 28A (3) OF LAND ACQUISITION ACT, 1984 IN LAC NO.6/08 (56).
Exhibit P8	TRUE COPY OF THE APPLICATION DATED 30.3.2016 FILED UNDER SECTION 18(2) AND 28 A(3) OF LAND ACQUISITION ACT, 1984 IN LAC NO.6/08 (57).
Exhibit P9	TRUE COPY OF THE APPLICATION DATED 30.3.2016 FILED UNDER SECTION 18(1) AND 28 A(3) OF LAND ACQUISITION ACT, 1984 IN LAC NO.6/08 (58).
Exhibit P10	TRUE COPY OF THE APPLICATION DATED 30.3.2016 FILED UNDER SECTION 18(1) AND 28 A(3) OF LAND ACQUISITION ACT, 1984 IN LAC 2/12 (41).

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WP(C) NO. 20636 OF 2022

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Exhibit P11 TRUE COPY OF THE APPLICATION DATED 30.3.2016 FILED UNDER SECTION 18(1) AND 28 A(3) OF LAND ACQUISITION ACT, 1984 IN LAC 2/12 (42).

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RESPONDENTS' EXHIBITS

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EXHIBIT R1(A) TRUE COPY OF PROCEEDINGS NOS.B8358/2022(1) DATED 15-07-2022 EXHIBIT R1(B) TRUE COPY OF PROCEEDINGS NOS.B8358/2022(2) DATED 15-07-2022 EXHIBIT R1(C) TRUE COPY OF PROCEEDINGS NOS.B8358/2022(3) DATED 15-07-2022 EXHIBIT R1(D) TRUE COPY OF PROCEEDINGS NOS.B8358/2022(4) DATED 15-07-2022 EXHIBIT R1(E) TRUE COPY OF PROCEEDINGS NOS.B8358/2022(5) DATED 15-07-2022 EXHIBIT -R1(G) EXHIBIT P4 JUDGMENT IN WP(C) 9780/2009 AND PASSED A PROCEEDING BY VIDE PROCEEDINGS NO.B5-6/08(58), DATED 28-10-2009. THE SAID PROCEEDINGS COPY IS PRODUCED HEREWITH AND MARKED AS EXHIBIT R1(G) EXHIBIT R1(H) THE REPRESENTATION FILED BY THE PETITIONERS BEFORE LAO, SPECIAL TAHSILDAR, LA(NH), CHANGANACHERY IS PRODUCED HEREWITH AND MARKED AS EXHIBIT R1(H)

E K Joseph, v. the Special Tahsildar (La)

Case brief

What is this about?

What did the court decide?

E K Joseph, v. the Special Tahsildar (La)

Case brief

What is this about?

What did the court decide?

What the court decided

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