Dismissed
Adv.Shamsudeen Karunagappally v. the State of Kerala
Kerala HCWP(C)/26213/2018
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
AI extract
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 10TH DAY OF JANUARY 2022 / 20TH POUSHA, 1943
WP(C) NO. 26213 OF 2018
PETITIONER:
ADV.SHAMSUDEEN KARUNAGAPPALLY, AGED 57 YEARS, S/O.ABDUL KAREEM, ANUGRAHA, NEELIKULAM MURI, K.S.PURAM VILALGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT-690 544.
BY ADVS.SRI.K.SHAJ SMT.ANJU MOHAN SRI.ARUN CHAND SRI.C.IJLAL SRI.RENJIT GEORGE
RESPONDENTS:
WP(C) NO. 26213 OF 2018
:: 2 ::
BY ADVS.SRI.ANISH JAIN, CGC SRI.P.MOHANDAS SRI.RENJITH, SPL.G.P. FOR R1 TO R7 SRI.G.S.REGHUNATH, SC FOR R8 SMT.LATHA ANAND, SC FOR R9 DR.K.P.SATHEESAN (SR) FOR R13
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SC FOR R10 LATHA ANAND SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.MUHAMMED IBRAHIM ABDUL SAMAD
SRI.SABU PULLAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26213 OF 2018
:: 3 ::
JUDGMENT
Dated this the 10th day of January 2022
S.MANIKUMAR, C.J.
This public interest writ petition is filed seeking the following reliefs:
“A) to call for the records leading to the issuance of Ext.P9 policy of the State of Kerala for compensation in land acquisition and to issue a writ of certiorari quashing the same as being violative of the Act 30 of 2013.
B) to issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 4 and 8 and 10 and 11 to comply with the recommendations contained in Ext.P6 report and redeem the environment and water bodies around the vicinity of the eighth respondent company.
C) to declare that the State of Kerala or its officials are not empowered under any law to acquire property for public purpose by way of negotiated purchase and are bound to acquire property for public purposes only by taking recourse to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).
D) to declare that as the properties and health of the affected persons have been affected by pollution caused by the eighth respondent and as the state has failed to curb the pollution at the proper time, the state had a duty to acquire the properties of the affected persons in a time bound manner under the provisions of Act 30 of 2013, especially when the Government has taken a decision to acquire the property affected by the pollution caused by the eighth respondent company.
E) to issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 9 to acquire the properties of the persons affected by pollution caused by the eighth respondent and to pay
WP(C) NO. 26213 OF 2018
:: 4 ::
proper compensation to such affected persons, including landless persons as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within such time as stipulated by this Hon'ble Court owing to the pollution caused by the eight respondent company.
F) to call for the records leading to the issuance of Exhibits P4 and P5 orders and to issue a writ of certiorari quashing Exhibits P4 and P5 orders to the extent it does not include the properties of the persons affected by pollution caused by the eight respondent and to the extent it empowers the fourth respondent to resort to negotiated purchase of the property proposed to be acquired in violation of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.”
Placing on record the above, writ petition is dismissed as withdrawn.
sd/S.MANIKUMAR CHIEF JUSTICE
sd/SHAJI P. CHALY JUDGE
jes
WP(C) NO. 26213 OF 2018
:: 5 ::
APPENDIX
PETITIONER'S EXHIBITS:
// TRUE COPY //
P.S. TO JUDGE
ADV. SHAMSUDEEN KARUNAGAPPALLY
THE STATE OF KERALA
S. MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court