A landowner challenged a land acquisition award for the Annakampoyil-Kalladi-Meppadi tunnel road project. The Government Pleader submitted that the impugned award had already been withdrawn; the submission was recorded and the writ petition was closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 18TH DAY OF JULY 2024 / 27TH ASHADHA, 1946
WP(C) NO. 22075 OF 2024
PETITIONER:
ABDUL SALAM
AGED 54 YEARS
S/O. ALI HAJI, ARANHIKUNDAN HOUSE, MUNDRAMBRA,
UGRAPURAM P.O., AREEKODE, PERUPARAMBA,
MALAPPURAM, PIN - 673639
BY ADVS.
NIRMAL.S
VEENA HARI
KEERTHY JOHNSON
POOJA JOSE
ABDUL SAHAD M.H.
MINTU JOSE
RESPONDENTS:
1 STATE OF KERALA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT (LAND REVENUE), SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012 DISTRICT COLLECTOR KOZHIKODE COLLECTORATE, CIVIL STATION, KOZHIKODE,PIN-6730203 SPECIAL TAHSILDAR (LAND ACQUISITION- KIIFB), KOZHIKODE, TALUK OFFICE, MINI CIVIL STATION, QUAILANDY, KOZHIKODE, PIN - 6733054 EXECUTIVE ENGINEER PWD ROADS DIVISION, CIVIL STATION KOZHIKODE, PIN - 6730205 CHIEF ENGINEER PWD ROADS DIVISION,THIRUVANANTHAPURAM,PIN- 695001 BY ADV. SMT. N. SUDHADEVI – SPECIAL GOVERNMENT PLEADER (LAND ACQUISITION)THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
W.P.(C) No. 22075 of 2024
JUDGMENT
The learned Government Pleader submits that Ext.P13
award has already been withdrawn. The said submission is recorded. Hence, this Writ Petition is closed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
BR
3
W.P.(C) No. 22075 of 2024
APPENDIX OF WP(C) 22075/2024
PETITIONER’S |
EXHIBITS |
|---|---|
Exhibit P1 |
TRUE COPY OF THE TAX RECEIPTNO.KL11041709934/2023 DATED 05/09/2023ISSUED BY THE VILLAGE OFFICER,THIRUVAMBADY TO THE PETITIONER |
Exhibit P2 |
TRUE COPY OF THE LETTER DATED 08/09/2023ISSUED BY THE 3RD RESPONDENT TO THENEARBY LAND OWNER SMT.K.M.NAJMA TOGETHERWITH THE PLAN AND SKETCH |
Exhibit P3 |
TRUE COPY OF THE ORDER DATED 05/04/2022IN WPC.12255/2022 |
Exhibit P4 |
TRUE COPY OF THE BASIC VALUATION REPORTFOR ANNAKAMPOYIL-KALLADI-MEPPADI TWINTUNNEL AND APPROACH ROAD |
Exhibit P5 |
TRUE COPY OF THE BASIC VALUATION REPORTNO. KIIFB/KKD/C-57/2022 DATED 27/12/2022 |
Exhibit P6 |
TRUECOPYOFTHEORDERNO.NO.DCKKD/424/2022-B3 DATED 23/01/2023 |
Exhibit P7 |
TRUE COPY OF THE REPRESENTATION DATED01/11/2023 MADE BY THE PETITIONER |
Exhibit P8 |
TRUE COPY OF THE INTERIM ORDER DATED16-01-2024 IN WPC.36937/2023 |
Exhibit P9 |
TRUE COPY OF THE LETTER NO. B2/304/2023-REV. DATED 22/11/2023 |
Exhibit P10 |
TRUECOPYOFTHEORDERNO.B2/304/2023/REV DATED 16-01-2024 ISSUEDBY THE 1ST RESPONDENT ALONG WITH THEMEMO SUBMITTED BY THE GOVERNMENT PLEADER |
Exhibit P11 |
TRUE COPY OF THE FORM NO. 4 LETTER NO.KIIFBKKD/57/2022-C DATED 27/05/2024 |
Exhibit P12 |
TRUE COPY OF THE FORM 2(A) DATED24/05/2024 |
Exhibit P13 |
TRUE COPY OF THE AWARD NO.54/2024 DATED07-03-2024 |
Exhibit P14RESPONDENTS’ |
TRUE COPY OF THE PROCEEDINGS OF THE 3RDRESPONDENT DATED 08-05-2024EXHIBITS: NIL |
1 issue framed by the court
Whether the writ petition survives when the land acquisition award under challenge has been withdrawn by the acquiring authority.
Abdul Salam
State of Kerala
District Collector, Kozhikode
Special Tahsildar (Land Acquisition - KIIFB), Kozhikode
Executive Engineer, PWD Roads Division, Kozhikode
Chief Engineer, PWD Roads Division, Thiruvananthapuram
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court