Disposed¶33

Kirti Dhirajlal v. State of Kerala

Land acquisition compensation – Award passed on 21.06.2011

Kerala HC25 Mar 2025WP(C)/41627/2024

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What is this about?

High Court of Kerala at Ernakulam; WP(C) No. 41627 of 2024; Kirti Dhirajlal v. State of Kerala and others; decided 25.03.2025 by T.R. Ravi, J.; land acquisition compensation non-payment/non-deposit; award dated 21.06.2011; Special Tahsildar (L.A.) Kozhikode; District Collector Kozhikode; Kozhikode Corporation; release of amounts with statutory benefits within two months; production of proof-of-title documents; writ petition disposed of.

What did the court decide?

Writ petition disposed of with a direction to the respondents to release the amounts due to the petitioner with all statutory benefits at the earliest, within two months from receipt of a copy of the judgment; petitioner to produce all proof-of-title documents before the respondents for necessary action. ¶33

Kirti Dhirajlal Vs State of Kerala — Kerala HC (2025) — LawSathi Research

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2025:KER:25390

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WP(C) NO. 41627 OF 2024

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1 IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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TUESDAY, THE 25^TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

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WP(C) NO. 41627 OF 2024

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PETITIONER:

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KIRTI DHIRAJLAL

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AGED 74 YEARS D/O.DHIRAJLAL HEMCHAND, EDAVAZHIPURATH PARAMBA, NEAR OLIVE MARKETING, PARAYANCHERRY, KUTHIRAVATTOM.P.O., KOZHIKODE,, PIN - 673016

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BY ADVS.

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K.A.SALIL NARAYANAN K.BINCYMOL

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, L.A. DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE SPECIAL TAHSILDAR (L.A.) CIVIL STATION P.O KOZHIKODE, PIN - 673020

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3 THE DISTRICT COLLECTOR KOZHIKODE COLLECTORAT CIVIL STATION P.O KOZHIKODE, PIN - 673020

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4 THE KOZHIKODE CORPORATION BEACH ROAD, KOZHIKODE, REPRESENTED BY ITS SECRETARY., PIN – 673032

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2025:KER:25390 WP(C) NO. 41627 OF 2024 2 SMT. DEEPA NARAYANAN, SR.GP SRI.V.KRISHNA MENON, SC SRI.SANTHOSH KUMAR G

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 41627 OF 2024

2025:KER:25390

T.R. RAVI, J.

W.P(C). No. 41627 of 2024

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Dated this the 25^th day of March, 2025

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JUDGMENT

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The proceedings regarding the acquisition have become final by the judgment of the Hon'ble Supreme Court in similar cases. The grievance of the petitioner is that the compensation due to him has neither been deposited nor paid. It is submitted that he is not even informed about the passing of the award.

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The respondents have filed a statement in which it is stated that amounts have not been released since the petitioner did not produce original documents to prove the right over the land. It is also stated that awards were passed on 21.06.2011. The petitioner has filed a reply wherein it is affirmed that neither the amounts were paid nor deposited and award details were not furnished to the

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2025:KER:25390

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WP(C) NO. 41627 OF 2024

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4 petitioner.

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Admittedly, amounts have not been paid and the acquisition proceedings have also become final. There is no justification for retaining the amounts due to the petitioner.

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In the above circumstances, this writ petition is disposed of, with a direction to the respondents to release the amounts due to the petitioner with all statutory benefits at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. The petitioner shall produce all documents relating to the proof of the title before the respondents for necessary action.

Sd/-

T.R.RAVI JUDGE

LEK

WP(C) NO. 41627 OF 2024

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2025:KER:25390

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APPENDIX OF WP(C) 41627/2024