Petitioners challenged anticipated land acquisition for the Metro Rail Project. The court dismissed the petition as the respondent informed that the petitioners' land was no longer required for Phase II, leaving nothing for adjudication.
Petition dismissed.
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 DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946
WP(C) NO. 21784 OF 2020
PETITIONERS:
KALOOR P.O., KOCHI-682017.
KALOOR P.O., KOCHI-682017.
3 MARY JOSEPH, AGED 41 YEARS, W/O.SASH GEORGE, HOUSE NO.37/196, RESIDING EDATHOTTIYIL HOUSE, KUMARANASAN ROAD, KALOOR P.O., KOCHI-682017, REP. BY HER POWER OF ATTORNEY HOLDER, 1ST PETITIONER MANU JOSEPH, AGED 50 YEARS, S/O.LATE M.M.JOSEPH, RESIDING AT EDATHOTTIYIL HOUSE, KUMARANASAN ROAD, KALOOR P.O., KOCHI-682017.
BY ADVS. JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI SRI.JEEVAN MATHEW MANAYANI
RESPONDENTS:
1 KOCHI METRO RAIL PROJECT REGD OFFICE AT 8TH FLOOR, REVENUE TOWERS, PARK AVENUE, KOCHI-682011, REP. BY ITS MANAGING DIRECTOR.
W.P.(C) No. 21784/2020
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4 THE SPECIAL TAHSILDAR (METRO), COLLECTORATE, KAKKANAD, ERNAKULAM-682030. 5 STATE OF KERALA, REP. BY ITS SECRETARY TO REVENUE AFFAIRS, SECRETARIATE, THIRUVANANTHAPURAM-695001. BY ADVS. SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD.
B.S.SYAMANTHAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 21784/2020
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J U D G M E N T
The apprehension of the petitioners is that the respondents are contemplating to acquire their properties without due process of law. Even though Ext.P4 notice under Section 12 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been issued, no further proceedings were initiated thereafter. Now, the respondent No.1 has filed a statement stating that, the respondent No.4 has informed him in writing that the land belonging to the petitioners is not required for the Phase II of the Metro Rail Project and may be removed from the land acquisition proceedings.
In view of the said statement, nothing survives for consideration in this writ petition. Accordingly, it is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
APA
W.P.(C) No. 21784/2020
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APPENDIX OF WP(C) 21784/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 3RD PETITIONER IN FAVOUR OF 1ST PETITIONER DATED 20.10.2015. EXHIBIT P2 TRUE PHOTO COPY OF THE LAND RECEIPTS ISSUED BY THE VILLAGE OFFICER IN FAVOUR TO THE PETITIONERS DATED 05.10.2018 (5 IN NOS). EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPTS ISSUED BY THRIKKAKARA MUNICIPALITY TO THE PETITIONERS (7 IN NOS) DATED 09.09.2020. EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 16.08.2019 TO THE PETITIONER. EXHIBIT P5 TRUE PHOTOGRAPHS OF THE PETITIONERS BUILDING. EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 09.10.2020 BEFORE THE 1ST RESPONDENT.
MANU JOSEPH
MANJU MATHEW
MARY JOSEPH
KOCHI METRO RAIL PROJECT REGD OFFICE
THE DISTRICT COLLECTOR
THE DEPUTY COLLECTOR (LA)
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
