Remanded

Rasia v. Special Deputy Collector

Kerala HC12 Jan 2022WP(C)/888/2022

Case brief

AI extract

What is this about?

This court directed the 1st respondent (Special Deputy Collector) to consider the petitioner's representations and rectify alleged mistakes in the compensation notice, leading to the disbursement of compensation, within one month.

What did the court decide?

Direction to the 1st respondent (Special Deputy Collector) to take up and dispose of the petitioner's representations to rectify errors in the compensation notice within one month.

Rasia Vs Special Deputy Collector — 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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WEDNESDAY, THE 12TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943

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WP(C) NO. 888 OF 2022

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PETITIONER:

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RASIA, W/O ABDU, AGED 55 YEARS
THERUVATHU HOUSE, VALIYAPURAKKAL,
KOTTAPPURATHU, MANATHALA, CHAVAKKADU,
THRISSUR-680516, PIN – 680516

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BY ADVS.
NIDHI BALACHANDRAN
THOMAS C.ANTONY

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RESPONDENTS:

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1 SPECIAL DEPUTY COLLECTOR, L.A.N.H-17 KUTTIPPURAMIDAPPALLY, KODUNGALLUR-680664

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2 VILLAGE OFFICER, MANATHALA VILLAGE, THRISSUR-680506,THRISSUR, PIN - 680506

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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
12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 888/22

JUDGMENT

Amidst the various allegations, averments and assertions

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made and urged by the petitioner in this Writ Petition, what she

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requires is the 1st respondent – Special Deputy Collector be directed to take up Exts.P2 and P3 representations, to rectify certain mistakes which, she alleges, has occurred in Ext.P1 Notice, thus leading to the disbursement of compensation due to her.

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In response to the afore submissions made on behalf of the petitioner by her learned counsel – Sri.Nidhi Balachandran,

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learned Senior Government Pleader – Smt.Mable C. Kurian, submitted that if there are mistakes in the resurvey records, the remedy of the petitioner is to approach the jurisdictional Tahsildar (Land Records); but added that if this Court is only inclined to direct the 1st respondent to take up and dispose of Exts.P2 and P3 representations in terms of law, she will not stand in the way; however, praying that this Court may not make any affirmative

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WPC 888/22

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declarations on the entitlement of the petitioner to any relief and

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leave it to the competent Authority to take a final decision as per law.

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In reply, Sri.Nidhi Balachandran submitted that there

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are no mistakes in the resurvey records but that, as pleaded in this Writ Petition, the mistakes are only in the notice and in no other.

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In the afore circumstances, without entering into the merits of any of the rival contentions, I order this Writ Petition, directing the 1st respondent to take up Exts.P2 and P3 representations of the petitioner and dispose of the same, after affording her an opportunity of being heard; thus culminating in an appropriate order/proceedings thereon as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

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Needless to say, the question whether the correction of resurvey records are necessary will also be considered by the 1st

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WPC 888/22

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respondent, while completing the afore exercise and his opinion on

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the same shall be reflected in the resultant order.

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Sd/-

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RR

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DEVAN RAMACHANDRAN

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JUDGE

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WPC 888/22

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APPENDIX OF WP(C) 888/2022

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PETITIONER EXHIBITS

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Exhibit1TRUE COPY OF THE THE NOTICE ISSUED U/S 3
E (1) TO THE PETITIONER BY THE 1ST
RESPONDENT
Exhibit P2TRUE COPY OF THE REPRESENTATION DATED
28/10/21 SUBMITTED BY THE PETITIONER TO
THE 1ST RESPONDENT
Exhibit P3TRUE COPY OF THE REPRESENTATION DATED
31/10/21 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P4TRUE COPY OF THE POSSESSION AND NON
ATTACHMENT CERTIFICATE ISSUED BY THE 2ND
RESPONDENT DATED 19/7/21
Exhibit P5TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 5/10/21 ISSUED BY THE CHAVAKKAD
MUNICIPALITY
Exhibit P6TRUE COPY OF THE RECEIPT DATED 1/10/21
EVIDENCING THE PROPERTY TAX PAID BY THE
PETITIONER

Rasia v. Special Deputy Collector

Case brief

What is this about?

What did the court decide?

Rasia v. Special Deputy Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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