IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND DAY OF JANUARY 2013 2ND MAGHA 193 WP(C).No. 553 of 2013 (T) ------------------------- PETITIONERS: -------------------------- 1. CHOORKKAT JANAKI, RESIDING AT VELLUR AMSOM, ANNUR DESOM.
2. CHOORAKKAT KUNHAPPAN, KUNHIMANGALAM AMSOM, EDAT DESOM.
3. CHOORAKKAT PADMINI, RAMANTHALI AMSOM, KANNARU DESOM.
4. CHOORAKKAT ROHINI, MATHAMANGALAM, ERAMAM-KUTTUR AMSOM.
5. CHOORAKKAT VISWANATHAN, KOOTTUMUGHAM, VIDIYENGA AMSOM.
6. CHOORAKKAT RAJALAKSHMI, KOOTTUMUGHAM, NIDIYENGA AMSOM.
7. CHOORAKKAT MYTHILI, KAVUMMUGHAM, ARAVANCHAL, PERINTHATT AMSOM.
8. CHOORAKKAT THANKARAJ, AMBALAM ROAD, CHERUTHAZHAM AMSOM DESOM.
9. CHOORAKKAT GANESAN, KOOTTUMUGHAM, NIDIVENGA AMSOM.
10. CHOORAKKAT PREMAKUMARI, KOOTTUMUGHAM, NIDIVENGA AMSOM.
11. CHOORAKKAT SURESH, RAMANTHALI AMSOMKUNNARU DESOM.
12. CHOORAKKAT PRASANTH, KOOTTUMUGHAM, NIDIVENGA AMSOM.
13. CHOORAKKAT HYMAVATHY, KOOTTUMUGHAM, NIDIVENGA AMSOM. (PETITIONERS 1 TO 1.ARE THE CHILDREN OF CHOORAKKAT MADHAVI AND NARENKULANGARA GOVINDAN AND PETITIONERS 1 TO 1.ARE THE CHILDREN OF LATE CHOORAKKATT MADHAVI WHO WAS THE DAUGHTER OF CHOORAKKATTU MADHAVI. ALL THE PETITIONERS ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER NAMELY CHOORAKKAT DHANRAJ, S/- CHOORAKKAT ROHINI, AGED 4 YEARS, RESIDING AT PAVOOR HOUSE, VAYAKKARA AMSOM, NARAMBA DESOM, POST CHERUPUZHA, TALIPARAMBA TALUK, KANNUR DISTRICT.) BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR KANNUR PIN 67.001 2. THE SPECIAL TAHSILDAR (L.A,) NAVAL ACADEMY, THALASSERI PIN 67.141 R BY GOVERNMENT PLEADER SMT C K SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 553 of 2013 (T) APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF APPLICATION DATED 4 12/2009 UNDER SECTION 2 A OF THE LAND ACQUISITION ACT SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE REJECTION ORDER NO.D.DIS2W704/09/C DATED 18 02/2010 ISSUED BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF APPLICATION DATED 11 03-2010 UNDER SECTION 28 3) OF THE LAND ACQUISITION ACT SUBMITTED BY THE POWER OF ATTORNEY HOLDER OF THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF APPLICATION DATED 4 12/2009 SUBMITTED BY THE PETITIONER. EXT.P5: TRUE COPY OF THE STATEMENT DATED 11 03/2010 SUBMITTED BY THE PETITIONERS. EXT.P6: TRUE COPY OF THE REJECTION ORDER DATED 18 10/2010. EXT.P7: TRUE COPY OF APPLICATION UNDER SECTION 2 A(3) LAND ACQUISITION ACT DATED 10 1/2011 PREFERRED BY THE PETITIONERS THROUGH THEIR POWER OF ATTORNEY HOLDER. RESPONDENTS' EXHIBITS NIL //TRUE COPY// PA TO JUDGE K.SURENDRA MOHAN, J.
--------------------------------------------- W.P.(C) No.553 of 2013 ---------------------------------------------- Dated this the 22nd day of January, 2013 JUDGMENT
The limited relief sought for by the petitioners in this writ petition is for a direction to consider and pass orders on Exts.P3 and P7 applications submitted under Section 28A(3) of the Land Acquisition Act, 1894 ('the Act' for short). The applications submitted on 11.03.2010 and 11.01.2011 respectively are stated to be still pending.
2. The learned Government Pleader submits that the office itself has been demolished and shifted to Thalassery. The second respondent is now the concerned authority. The petitioners may therefore be directed to submit fresh copies of Exhibits P3 and P7, it is submitted. This writ petition is therefore disposed of directing the second respondent to consider Exhibits P3 and P7 applications in accordance with law and to pass W.P.(C)No.553 of 2013 :
2. : appropriate orders thereon, as expeditiously as possible and at any rate within a period of three months of the date of receipt of a copy of this judgment. The petitioner shall produce fresh copies of Exhibits P3 and P7 before the second respondent, along with a certified copy of this judgment. Sd/- K.SURENDRA MOHAN, JUDGE kkj