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Thomas v. the State of Kerala

Kerala HC25 Mar 2024WP(C)/34848/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking direction to finalize pending proceedings after a year reference returned by Sub Court under Section 18 of Land Acquisition Act 1894. The Court directed the third respondent to take appropriate action as per Order in Ext P1 within three months.

What did the court decide?

Direction to the 3rd respondent to take appropriate action as per Ext.P1 order by 29.08.2016 in accordance with the 2013 Act within three months of receiving the judgment copy.

Thomas Vs the State of Kerala — Land Acquisition | Kerala HC (2024)

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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 VIJU ABRAHAM

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MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946

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WP(C) NO. 34848 OF 2023

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PETITIONER:

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THOMAS, AGED 66 YEARS

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S/O. JOSEPH, POIKAMUKKIL, MYLACOMBU,
KUMARAMANGALAM, THODUPUZHA., PIN - 685608

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BY ADV DOMSON J.VATTAKUZHY

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RESPONDENTS:

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1 THE STATE OF KERALA

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REPRESENTED BY THE DISTRICT COLLECTOR,
IDUKKI, CIVIL STATION COMPLEX, PAINAVU P.O.,
KUILIMALA, IDUKKI., PIN - 685603

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2 THE EXECUTIVE ENGINEER (MUVATTUPUZHA VALLEY IRRIGATION PROJECT ) MVIP DIVISION, NO.III, MUVATTUPUZHA,, PIN - 686661

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3THE SPECIAL TAHSILDAR (LA)
(MUVATTUPUZHA VALLEY IRRIGATION PROJECT) MVIP,
KOOTHATTUKULAM, PIN - 686662

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OTHER PRESENT:

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GP - AJITH VISWANATHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.34848 of 2023

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VIJU ABRAHAM, J.

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................................................................. W.P (C) No.34848 of 2023

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Dated this the 25^th day of March, 2024

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JUDGMENT

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Petitioner has approached this Court seeking a direction to the respondents to finalise the proceedings pursuant to Ext.P1 order without any further delay.

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It is averred that the petitioner is the claimant in L.A.R.No.30 of 2015 on the file of the Sub Court, Thodupuzha which was on a reference under Section 18 of the Land Acquisition Act, 1894. The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 came into force with effect from 01.01.2014 and as per Section 24 of the said Act, with effect from 01.01.2014 an award can be passed only in accordance with the provisions of the Act 2013. In the present case the award was passed after 01.01.2014 and in accordance with the provisions of the Land Acquisition Act, 1894 and thereafter by Ext.P1 order the jurisdictional court returned the reference of the petitioner to the Land Acquisition Officer concerned vide order dated 29.08.2016 for further action. Petitioner submits that more than seven

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WP(C) No.34848 of 2023

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years has elapsed after the return of the reference and no action has been taken by the respondents to finalise the proceedings.

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Heard the learned Government Pleader also who upon instruction submits that after the return of the reference as per Ext.P1 and it is for the 3^rd respondent to take appropriate action and to make a reference in terms of the Act 2013.

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Therefore, after hearing both sides I am inclined to dispose of the writ petition with a direction to the 3^rd respondent to take appropriate action as directed in Ext.P1 order in accordance with the provisions of the Act 2013 and the needful shall be done within an outer limit of three months from the date of receipt of a copy of the judgment.

Sd/-

VIJU ABRAHAM

cks

WP(C) No.34848 of 2023

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APPENDIX OF WP(C) 34848/2023

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE ORDER DATED 29-08-
2016 OF SUB COURT, THODUPUZHA

Thomas v. the State of Kerala

Case brief

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Thomas v. the State of Kerala

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