Dismissed

C.Assan Koya v. Dist.Collector

Kerala HC3 Jan 2022WP(C)/663/2012

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by the successor to a deceased owner regarding compensation for taken land. The Court allowed the second petitioner to approach the District Collector for compensation via representation within one month and directed the Collector to decide and pass orders within four months after a hearing.

What did the court decide?

Permission granted to the second petitioner to approach the first respondent with a representation; the first respondent directed to consider it and pass orders within four months after hearing.

C.Assan Koya Vs Dist.Collector — Kerala HC (2022) — LawSathi Research

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W.P.(C.) No. 663 of 2012

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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 P.V.KUNHIKRISHNAN

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MONDAY, THE 3^RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943

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WP(C) NO. 663 OF 2012

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PETITIONER/S:

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1 C.ASSAN KOYA AGED 82 YEARS S/O.KUNHAHAMED KOYA HAJI, C.N.HOUSE, KUTTICHIRA, KOZHIKODE. 2 *SUPPLEMENTAL SECOND PETITIONER M.KUNHAMMED KOYA SON OF ALIKOAYA, RESIDING AT 5/1264, A.SEYIN, KUNDUNGAL, P.O.KALLAI, KOZHIKODE – 673003. IS IMPLEADED AS PER ORDER DTD.11.10.12 IN IA 12873/12 BY ADV SRI.JACOB ABRAHAM

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RESPONDENT/S:

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1 DIST.COLLECTOR KOZHIKODE, CIVIL STATION P.O., KOZHIKODE. 2 TAHSILDAR KOZHIKODE, PUTHIYARA, KOZHIKODE. 3 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE, CIVIL STATION P.O., KOZHIKODE. (THE ADDRESS OF 3RD RESPONDENT IS CORRECTED AS STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM AS PER ORDER DATED 20/03/2013 IN IA 3803/2013.)

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OTHER PRESENT:

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SMT.AMMINIKUTTY.K, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C.) No. 663 of 2012

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P.V.KUNHIKRISHNAN, J

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---------------------------------W.P.(C.) No. 663 of 2012

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-------------------------------Dated this the 3^rd day of January, 2022

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JUDGMENT

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The above writ petition is filed with following prayers :

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“1. Issue an appropriate writ, order or direction prohibiting the respondents from interfering with the peaceful possession and enjoyment of by the petitioner of his property having an extent of 0.014 h of land in T.S.No.14-5-239 in Nagaram amsom and desom of Kozhikode taluk with buildings having assessment numbers 14/139, 14/140 and 14/141 and mentioned in exhibit P3 otherwise than an in accordance with law.

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To pass such other order or orders for which the petitioner may pray for and this honourable court deem fit to grant”

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The deceased 1^st petitioner is the absolute owner of a

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property having an extent of 0.014 hectares of land in T.S.No.14-5239 in Nagaram amsom and desom of Kozhikode Taluk with buildings in it having assessment Nos. 14/139, 14/140 and 14/141. It was the case of the deceased 1^st petitioner in the writ petition that, for the purpose of constructing a road, the respondents are compelling the petitioner to demolish the buildings situated in it. Hence, this writ petition is filed.

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Heard the learned counsel for the 2^nd petitioner and the

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W.P.(C.) No. 663 of 2012

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learned Government Pleader.

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When this writ petition came up for consideration on 26.2.2013, this Court recorded the following submission of the petitioner.

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“The learned counsel for the petitioner submits that in the course of the proceedings, the property of the petitioner has already been taken over and a road has been constructed therein. The remaining grievance is only in respect of non-disbursement of compensation , which has been agreed, as borne by Ext.P3.

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The learned Government Pleader seeks for time to get instruction and to file a statement. In the said circumstance, the matter is admitted.

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Issue urgent notice by speed post to the respondents 1 and 2, returnable within two weeks.”

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The grievance of the 2^nd petitioner now is that the

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compensation is not paid for the land taken from the 1^st petitioner. If that is the grievance, the 2^nd petitioner is free to approach the 1^st

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respondent with a representation and the 1^st respondent can be directed to consider the same, after giving an opportunity of hearing to the 2^nd petitioner.

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Therefore, this writ petition is disposed in the following manner :

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The 2^nd petitioner is free to approach the 1^st respondent with a representation narrating his grievance and claiming compensation for the land surrendered within

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one month from the date of receipt of a copy of this

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W.P.(C.) No. 663 of 2012

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judgment.

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2) Once such a representation is received, the 1^st respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the

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2^nd petitioner, as expeditiously as possible, at any rate,

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within 4 months from the date of receipt of a copy of the

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representation.

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SD/-

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P.V.KUNHIKRISHNAN, JUDGE

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SKS

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W.P.(C.) No. 663 of 2012

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 18.7.2008 BEARING NUMBER B/2471/2004 ISSUED BY THE REVENUE DIVISIONAL OFFICER, KOZHIKODE TO THE PETITIONER AND OTHERS.

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EXT.P2 TRUE PHOTOSTAT COPY OF THE FAX MESSAGE DATED 3.1.2012 SSUED BY THE PETITIONER TO THE CHIEF MINISTER OF KERALA

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EXT.P3 TRUE PHOTOSTAT COPY OF THE LETTER DATED 4.1.2012 AND BEARING NUMBER G5 61864/2011 DATED 4.1.2012 OF THE SECOND RESPONDENT ISSUED AND ISSUED TO THE PETITIONER.

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EXT.P4 TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE RECORDING THE FACT OF DEATH OF C..ASSAN KOYA AND ISSUED BY THE SUB REGISTRAR OF BIRTH AND DEATH, KOZHIKODE CORPORATION DATED 3.7.2012

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EXT.P5 CERTIFIED COPY OF THE WILL DATED 12.4.1999 AND REGISTERED AS DOCUMENT NUMBER 21 OF 1999 OF THE SUB REGISTRY, CHALAPPURAM

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RESPONDENT'S EXHIBITS :

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EXT.R1(A) A TRUE COPY OF THE SALE CERTIFICATE NUMBER 25/2003/ep DATED 6.11.2004

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EXT R1(B) A TRUE COPY OF THE ORDER NO.6867/09/ael DATED 2.9.2010 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM.

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P.A. TO JUDGE

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SKS

C.Assan Koya v. Dist.Collector

Case brief

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C.Assan Koya v. Dist.Collector

Case brief

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