The High Court dismissed a review petition arising from a writ petition concerning land acquisition compensation. The Court held that the lower court correctly awarded compensation for the existing structure regardless of whether it had undergone changes.
The review petition was dismissed as no grounds for review were made out.
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 MR. JUSTICE T.R.RAVI
FRIDAY, THE 26TH DAY OF MAY 2023 / 5TH JYAISHTA, 1945
RP NO. 502 OF 2023
AGAINST THE ORDER/JUDGMENTWP(C) 20054/2022 OF HIGH COURT OF KERALA REVIEW PETITIONERS/PETITIONERS:
1DR.P.VISALAM
AGED 65 YEARS
KOVILAKAM, CHAVARA.P.O. KOLLAM, PIN - 691583
2PROF.D.ARAVINDAKSHAN
KOVILAKAM, CHAVARA.P.O., KOLLAM., PIN - 691583
BY ADVS.
B.S.SWATHI KUMAR
ANITHA RAVINDRAN
HARISANKAR N UNNI
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR CIVIL STATION, KOLLAM., PIN - 6910132 THE SPECIAL DEPUTY COLLECTOR COMPETENT OFFICER (LA NHA1), CIVIL STATION, KOLLAM, PIN - 6910133 K.A.SIDHARTHAN GEETHANAJALI, PERINGALA.P.O., CHENGANNOOR, ALAPPUZHA, PIN – 690537 SMT. K. B. SONY. GP.THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
26.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 502 OF 2023
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T.R. RAVI, J.
---------------------------------------
R.P No. 502 of 2023
Dated this the 26th day of May, 2023
ORDER
The writ petition was disposed of by the judgment dated 20.1.2023, after going through the award that had been passed in the case and noticing that compensation has been awarded for the land as well as for the structure. The Court specifically found that the amount awarded for the land can be disbursed and the amount with regard to the structure shall not be disbursed, since dispute was pending regarding that. The review petitioner alleges that going by Annexure A certificate which has been produced, it is evident that there are no structural changes in the building No.22/820. Annexure A is the certificate issued by the Chavara Grama Panchayath. It is immaterial whether there are any structural changes in the building. The award clearly says that the structure that is present in the property has been valued and
RP NO. 502 OF 2023
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compensation awarded. What is awarded is for the structure, and it is immaterial whether it is with changes or without changes. The production of the new document does not in any manner affect the judgment or the basis of the judgment. No grounds made out. The Review Petition is dismissed.
Sd/-
T.R.RAVI JUDGE
sah
RP NO. 502 OF 2023
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APPENDIX OF RP 502/2023
PETITIONER’S ANNEXURES
Annexure ATRUE COPY OF THE CERTIFICATE NO. 2061/23
DATED 16-3-2023 ISSUED BY THE CHAVARA GRAMA
PANCHAYATH.
2 issues framed by the court
Whether the award of compensation for the structure is valid despite the petitioner's submission that no structural changes existed.
Whether the production of a certificate stating no structural changes invalidates the lower court's decision to award compensation.
DR.P.VISALAM and ANO.
THE DISTRICT COLLECTOR CIVIL STATION, KOLLAM
THE SPECIAL DEPUTY COLLECTOR COMPETENT OFFICER (LA NHA1), CIVIL STATION, KOLLAM
K.A.SIDHARTHAN GEETHANAJALI
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court