Dispute over apportionment of land and building acquisition compensation in Kozhikode was settled amicably; the writ petition was disposed of in terms of a lawful settlement agreement directing disbursement accordingly.
Petitioner to receive Rs.21,00,000/- and 4th respondent Rs.25,70,190/- from deposited compensation as per Annexure-P14 agreement.
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
FRIDAY, THE 12TH DAY OF JULY 2024 / 21ST ASHADHA, 1946
WP(C) NO. 30582 OF 2017
PETITIONER:
K.BABU PREMRAJ AGED 70 YEARS, SON OF LATE MR.KURUMBUR KRISHNAN, RESIDING AT SREELAKSHMI, CHALIKKARA ROAD, CIVIL STATION P.O, KOZHIKODE-673020. BY ADVS. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH
RESPONDENTS:
KOZHIKODE, CIVIL STATION P.O, KOZHIKODE-673 020
LAND ACQUISITION, CITY ROAD IMPROVEMENT , KOZHIKODE, CIVIL STATION P.O, KOZHIKODE -673020
THENNADI HOUSE, BEHIND PUTHIYAMBALAM, KOZHIKODE 673 001
WIFE OF UDAYA SANKAR, THENNADI HOUSE, BEHIND PUTHIYAMBALAM, KOZHIKODE 673 001
6 ADDL.R6. K.RAJARATNAM AGED 72 YEARS, S/O.LATE MR.KURUMBUR KRISHNAN, RESIDING AT EMPIRE VILLA, OPPOSITE MALAYALA MANORAMA, OPPOSITE HOLY CROSS HOSTEL, KOZHIKODE 673 006
WP(C) NO. 30582 OF 2017 2
BY ADVS. GOVERNMENT PLEADER Millu Dandapani JAMSHEED HAFIZ SMT.SUMATHY DANDAPANI SR. K.K.NESNA
OTHER PRESENT:
B.S.Syamanthak, GP Adv. Millu Dandapani 10-11 Adv. Jamsheed Hafis R5-R9.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30582 OF 2017 3
JUDGMENT
The dispute involved in the above Writ Petition is regarding the apportionment of
compensation payable in respect of acquisition of land and building marked as 6/10/256 situated in
Kalathinkunnu amsom and desom of Kozhikode taluk.
settled amicably between the petitioner on one side and the 4th respondent and the children of the deceased 3rd respondent and 4th respondent on the other side.
dated 06.06.2024 entered into between the parties. As per Annexure-P14 agreement, from the amount of compensation payable for the land and building acquired, it was decided to release a sum of Rs. 21,000,00/- (Rupees twenty one lakhs only) to the petitioner in the Writ Petition, as payment to himself and for payment to the heirs of his deceased brothers and his younger brother.
WP(C) NO. 30582 OF 2017 4
It is further agreed that the balance amount of Rs.25,70,190/- (Rupees Twenty five lakhs seventy thousand one hundred and ninety) will be released to the 4th respondent. Annexure-P14 agreement is a lawful agreement in tune with Order 23 Rule(3) of
the C.P.C.
Hence, this Writ Petition is disposed of in
terms of the compromise. Annexure-P14 would form part of this judgment. The first and second respondent shall disburse the compensation amount in deposit in the manner prescribed in Annexure
P14 agreement. The parties shall furnish the
details of their bank account to respondent No.2.
This Writ Petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
mus
WP(C) NO. 30582 OF 2017 5
APPENDIX OF WP(C) 30582/2017
| PETITIONER EXHIBITS | ||
|---|---|---|
| EXHIBIT P1 | TRUE COPY OF NUMBER 125/19 REGISTRY. |
THE JENMOM ASSIGNMENT DEED 56 OF THE KOZHIKODE SUB |
| EXHIBIT P2 | TRUE COPY OF T OF 1934 OF THE |
HE DEED BEARING NUMBER 1125 KOZHIKODE SUB REGISTRY. |
| EXHIBIT P3 | TRUE COPY OF 903 OF 1958 OF |
THE ASSIGNMENT DEED NUMBER KOZHIKODE SUB REGISTRY. |
| EXHIBIT P4 | TRUE COPY OF ISUED BY THE RESPONDENT. |
THE NOTICE DATED 20.04.2015 PETITIONER TO THE SECOND |
| EXHIBIT P5 | TRUE COPY OF ISSUED BY THE RESPONDENT. |
THE NOTICE DATED 27.5.2017 PETITIONER TO THE SECOND |
| EXHIBIT P6 | TRUE COPY OF DISTRICT GOVER RESPONDENT BE DATED 21/6/201 |
THE LETTER ISSUED TO THE NMENT PLEADER BY THE SECOND ARING NUMBER B.38/09 AND 7. |
| EXHIBIT P7 | TRUE COPY OF 38/09 DATED RESPONDENT TO |
THE LETTER BEARING NUMBER 6.7.2017 ISSUED BY THE THE PETITIONER.. |
| EXHIBIT P8 | TRUE COPY OF ISSUED BY TH RESPONDENT. |
THE LETTER DATED 14.8.2017 E PETITIONER TO THE 2ND |
| EXHIBIT P9 | TRUE COPY OF BEARING NUMBE ISSUED TO THE |
THE SECOND RESPONDENT REPLY R 38/09 DATED 26.8.2017 PETITIONER. |
| ANNEXURE -14 | AGREEMENT ENTE R4, proposed R |
RED INTO BETWEEN PETITIONER, 10 AND R11. |
| RESPONDENTS EXHIBITS | ||
| EXHIBIT R3(a) | TRUE COPY OF DTD.07.05.1953 |
THE SALE DEED NO. 438/953 |
| EXHIBIT R3(b) | TRUE COPY OF 827/82 DTD.28. |
THE KANAM SALE DEED NO. 07.1982 |
| EXHIBIT R3(C) | TRUE COPY OF DT.20.09.1982 |
THE KANAM THEERTHADANAM |
| EXHIBIT R3(d) | TRUE COPY OF DT.19.09.1985 |
THE KANAM THEERTHADANAM |
| EXHIBIT R3(e) | TRUE COPY OF DT.05.02.1997 |
THE KANAM THEERTHADANAM |
| EXHIBIT R3(f) | TRUE COPY OF | THE purchase certificate |
WP(C) NO. 30582 OF 2017 6
issued by the land tribunal dt.19.01.2002 EXHIBIT R3(g) True copy of the possession certifcate dtd. 06.11.2001 EXHIBIT R3(h) TRUE COPY OF THE CERTAIN LAND TAX RECEIPTS ISSUED FROM 2001 ONWARDS EXHIBIT R3(I) TRUE COPY OF TJHE PARTITION DEED NO.462/1977 DT.30.06.1977
1 issue framed by the court
How should the compensation for acquired land and building be apportioned among the disputing parties?
1 provisions across 1 enactments
K. Babu Premraj
District Collector, Kozhikode
Tahsildar, Land Acquisition, City Road Improvement, Kozhikode
Sri. Udaya Sankar
Smt. Vineetha
K. Jayarajan (Addl.R5)
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
