Sunil Kumar Vs. Union of India

Sunil Kumar vs Union of India

Type Court Judgment Court Kerala Decided Oct 03, 2013

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https://sooperkanoon.com/case/1094483

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Citation: sooperkanoon.com/1094483
Court: Kerala High Court
Judge: Honourable Mr.Justice P.N.Ravindran
Decided On: Oct 03, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Sunil Kumar

Respondent

Union of India

Excerpt

.....keep in abeyance the operation of ext.p5 order passed by the estate officer, divisional office, southern railway, madurai until such time as orders are passed on i.a.nos.1281 and 1282 of 2013.2. when this original petition came up for hearing today, sri.c.s.dias, learned standing counsel appearing for the southern railway submitted that ext.p5 order was passed on 25.2.2013, that it was challenged in this court in w.p.(c)no.23156 of 2013 which was filed only in september 2013, that it was only thereafter that c.m.a.no.25 of 2013 was filed and that before notice was ordered on the appeal and the interlocutory applications therein, ext.p5 order was enforced and possession of the railway land was taken over on 1.10.2013. the learned standing counsel also made available to me photographs which show the demolition and o.p.(c)no.3399 of 2013 2 removal of the shops covered by ext.p5 and other similar orders. in such circumstances, as the disputed structures have already been removed, i am of the opinion that the proper course would be to direct the district court, kollam to hear and dispose of c.m.a.no.25 of 2013 expeditiously. i accordingly dispose of this original petition with a direction to the court of the district and sessions judge, kollam to hear and dispose of c.m.a.no.25 of 2013 with notice to the learned counsel appearing for respondents 1 to 7, learned government pleader appearing for respondents 8, 9 and 10 and the learned counsel if any appearing for the kerala state electricity board, expeditiously and in any event within one month from the date on which the petitioners produce a certified copy of this judgment. sd/- p.n.ravindran judge vpv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN THURSDAY, THE3D DAY OF OCTOBER201311TH ASWINA, 1935 OP(C).No. 3399 of 2013 (O) --------------------------- CMA.NO. 25/2013 OF DISTRICT COURT, KOLLAM ..... PETITIONERS : ------------------------ 1. SUNIL KUMAR, S/O. PACHAN PILLAI, DEEPAM, TKM COLLEGE P.O., KARICODE, KOLLAM-691 005.

2. RAJEEV V., S/O. VIKRAMAN, ABHI BHAVAN, CHATHINAMKULAM, CHANDANATHOPPE, KOLLAM.

3. RASHEED, S/O. JAMAL, PUTHENVILA, TKM COLLEGE P.O., KARICODE, KOLLAM-691 005.

4. SALALGI G. @ MUTH, S/O. GANGADHARAN, PANAKKAL MELETHIL VEEDU, TKM COLLEGE P.O.,KARICODE, KOLLAM-691 005.

5. A.FAZALUDEEN @ SHAHUDEEN, S/O. ABDUL RAHMANKUNJU, THADATHIL VEEDU, TKM COLLEGE P.O.,KARICODE, KOLLAM-691 005.

6. SHIJU @ SHIJU ALI,. S/O. ALIYARUKUNJU, SHIJU MANZIL, TKM COLLEGE P.O., KARICODE, KOLLAM-691 005.

7. JOSE ALEX @ SHIBU, S/O. ALEXANDER, CHARUVILA PUTHEN VEEDU, MANGAD P.O., KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL Kss ..2/- ..2.... OP(C)NO.3399/2013(O) RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, RAILWAYS, RAIL BHAVAN, NEW DELHI-110 006.

2. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY,MADURAI DIVISION, MADURAI, CHENNAI.

3. THE ASSISTANT DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY,MADURAI DIVISION, MADURAI, CHENNAI-625 001.

4. THE DIVISIONAL ENGINEER, SOUTHERN RAILWAY,MADURAI DIVISION, MADURAI, CHENNAI-625 001.

5. THE ESTATE OFFICER, SOUTHERN RAILWAY,MADURAI, CHENNAI-625 001.

6. THE ASSISTANT DIVISIONAL ENGINEER, SOUTHERN RAILWAY,PUNALUR P.O., SHENKOTTA-625 010.

7. THE SENIOR SECTION ENGINEER, SOUTHERN RAILWAY,PUNALUR P.O., KOLLAM DISTRICT-691 306.

8. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY, ASRAMAM, KOLLAM-691 002.

9. THE EXECUTIVE ENGINEER, PWD BEACH ROAD, KOLLAM-691 001.

10. THE TAHSILDAR, TALUK OFFICE, KOLLAM-691 001.

11. THE ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL SECTION, KILIKOLLUR, MANGAD P.O., KOLLAM-691 015. R2 TO R7 BY ADV. SRI.C.S.DIAS,SC, RAILWAYS R8,R9 & R10 BY GOVERNMENT PLEADER SRI.V.K.RAFEEK R11 BY ADV.SRI.JAICE JACOB,SC, KERALA STATE ELECTRICITY BOARD THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON0310-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(C).No. 3399 of 2013 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: --------------------------------------- P1 : COPY OF THE NOTICE LC NO.36/1985 DTD.11.10.1985 ISSUED BY THE10H RESPONDENT AGAINST SR.GANGADHARAN, FATHER OF THE4H PETITIONER. P2 : COPY OF THE TAX RECEIPT DTD.24.12.1998 ISSUED BY THE VILLAGE OFFICE, KILIKOLLUR, KOLLAM TO SRI.GANGADHARAN. P3 : COPY OF THE REMITTANCE MADE BY SRI.SURENDRAN FOR THE PERIOD111993 TO041994 TO THE KSEB, KILIKOLLUR. P4 : COPY OF THE MONTHLY DEMAND OF ENERGY CHARGES ISSUED BY THE KSEB, KILIKOLLUR TO THE6H PETITIONER. P5 : COPY OF THE NOTICE NO.U/W-274/ADEN/SCT DTD.25.2.2013 ISSUED BY THE5H RESPONDENT TO THE1T PETITIONER. P6 : COPY OF THE REPRESENTATION DTD.11.9.2012 SUBMITTED BY THE PETITIONERS ALONG WITH OTHER BEFORE THE5H RESPONDENT. P7 : COPY OF THE JUDGMENT

DTD.23.9.2013 IN WPC NO.23156/2013 OF THIS HON'BLE COURT. P8 : COPY OF THE MEMORANDUM OF APPEAL CMA NO.25/2013 FILED BY THE PETITIONERS BEFORE THE DISTRICT COURT, KOLLAM. P9 : COPY OF THE IA NO.1281/2013 IN CMA NO.25/2013 FILED BY THE PETITIONERS BEFORE THE DISTRICT COURT, KOLLAM. P10: COPY OF THE IA NO.1282/2013 IN CMA NO.25/2013 FILED BY THE PETITIONERS BEFORE THE DISTRICT COURT, KOLLAM. RESPONDENT(S)' EXHIBITS: ------------------------------------------ N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J.

=-=-=-=-=-=-=-=-=-= O.P.(C)No.3399 of 2013 =-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of October, 2013 JUDGMENT

The petitioners, seven in number, who are the appellants in C.M.A.No.25 of 2013 on the file of the Court of the District Judge of Kollam has filed this original petition for an order directing the court below to consider and dispose of I.A.Nos.1281 and 1282 of 2013 in C.M.A.No.25 of 2013 within a time limit to be stipulated by this Court and to keep in abeyance the operation of Ext.P5 order passed by the Estate Officer, Divisional Office, Southern Railway, Madurai until such time as orders are passed on I.A.Nos.1281 and 1282 of 2013.

2. When this original petition came up for hearing today, Sri.C.S.Dias, learned standing counsel appearing for the Southern Railway submitted that Ext.P5 order was passed on 25.2.2013, that it was challenged in this Court in W.P.(C)No.23156 of 2013 which was filed only in September 2013, that it was only thereafter that C.M.A.No.25 of 2013 was filed and that before notice was ordered on the appeal and the interlocutory applications therein, Ext.P5 order was enforced and possession of the railway land was taken over on 1.10.2013. The learned standing counsel also made available to me photographs which show the demolition and O.P.(C)No.3399 of 2013 2 removal of the shops covered by Ext.P5 and other similar orders. In such circumstances, as the disputed structures have already been removed, I am of the opinion that the proper course would be to direct the District Court, Kollam to hear and dispose of C.M.A.No.25 of 2013 expeditiously. I accordingly dispose of this original petition with a direction to the Court of the District and Sessions Judge, Kollam to hear and dispose of C.M.A.No.25 of 2013 with notice to the learned counsel appearing for respondents 1 to 7, learned Government Pleader appearing for respondents 8, 9 and 10 and the learned counsel if any appearing for the Kerala State Electricity Board, expeditiously and in any event within one month from the date on which the petitioners produce a certified copy of this judgment. Sd/- P.N.RAVINDRAN JUDGE vpv

Same Court & Year Kerala · 2013 Same Parties Sunil Kumar vs Union of India Same Subject Land Acquisition Same Judge Honourable Mr.Justice P.N.Ravindran