Gopa Kumar A. Vs. State of Kerala

Gopa Kumar A. vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 24, 2014

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https://sooperkanoon.com/case/1130477

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Citation: sooperkanoon.com/1130477
Court: Kerala High Court
Judge: Honourable Mr.Justice Thomas P.Joseph
Decided On: Feb 24, 2014
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

Gopa Kumar A.

Respondent

State of Kerala

Excerpt

.....on an award of the court viz., lar no.122/07 of subordinate judge's court, kottarakkara. it is the contention of the petitioner that for the purpose of conversion of kollam-punalur meter guage railway line into broad guage railway line different extent of properties comprised in different survey numbers, were acquired from the petitioners. the petitioners failed to seek for a reference under section 18 of the l.a.act and subsequently, they filed exts.p2 to p20 applications under section 28a of the l.a.act for redetermination of the amount of compensation based on the judgment in lar no.122/07 of the subordinate judge's court, kottarakkara. w.p.(c) no.5303 of 2014 2 2. having heard the learned counsel for the petitioners and the learned government pleader and taking note of the contentions of the petitioners that exts.p2 to p20 applications submitted by them under section 28a of the act are still pending before the third respondent i am inclined to dispose of this writ petition, without making any observation as to the merits of the contentions. hence, it is disposed of with a direction to the respondent to consider and pass orders on exts.p2 to p20 applications of the petitioners expeditiously and in accordance with law, at any rate, within a period of four months from the date of receipt of a copy of this judgment. sd/- c.t.ravikumar,judge. dlk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE24H DAY OF FEBRUARY20145TH PHALGUNA, 1935 WP(C).No. 5303 of 2014 (K) --------------------------- PETITIONER(S): ---------------- 1. SARASAMMA, VIJAYA BHAVANAM, IDAKKIDOM, NADAMEL MURI KAREEPRA VILLAGE, KOLLAM DISTRICT.

2. OMANA , ANANDU NIVAS, VADAKKEKKARAKAVU, EZHUKONE MURI EZHUKONE VILLAGE, KOLLAM DISTRICT.

3. OMANA , AKKARAPAYATTUVILA VEEDU, EZHUKONE MURI EZHUKONE VILLAGE, KOLLAM DISTRICT.

4. NATARAJAN, SHIBU BHAVAN, EZHUKONE MURI, EZHUKONE VILLAGE KOLLAM DISTRICT.

5. SUSEELA , SHIBU BHAVAN, EZHUKONE MURI, EZHUKONE VILLAGE KOLLAM DISTRICT.

6. PRADEEP KUMAR, PRASOON NIVAS, EZHUKONE MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT.

7. ANIL KUMAR , KALIKKONATHU VEEDU, EZHUKONE MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT.

8. BHARGHAVI , THATTASSERIL VEEDU, KOLANNOOR MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT.

9. MURALI MOHAN, CHETTUKOTTU VILA VEEDU, EZHUKONE MURI EZHUKONE VILLAGE, KOLLAM DISTRICT.

10. LEKSHMI , MANGALATHU VEEDU, KOLANNOOR MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT.

11. AMBUJAKSHI , KIZHAKKIDATHU PANAYIL VEEDU, EZHUKONE MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT.

12. AZHAKESAN, THATTASSERIL VEEDU, KOLANNOOR MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT.

13. JACOB JOHN, KOTTAYADI, J.L.BHAVAN, NEDUMPAIKKULAM MURI EZHUKONE VILLAGE, KOLLAM DISTRICT.

14. PANKAJAM, ARUN NIVAS, CHANDANATHOPPU MURI, KOTTAMKKARA VILLAGE, KOLLAM DISTRICT. WP(C).No. 5303 of 2014 (K) -2- 15. SAJI JOHN, KOTTAYADI PUTHEN VEEDU, NEDUMPAIKKULAM MURI EZHUKONE VILLAGE, KOLLAM DISTRICT.

16. VRINDA DEVI , SAJI BHAVANAM, EZHUKONE MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT.

17. GOPINATHAN, GOPI VILASAM, EZHUKONE MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT.

18. ARATHY, PAURNAMI, POCHAMKONAM MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT.

19. AJAYAKUMAR , NEDIYAVILA VEEDU, KOLANNOOR MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT. BY ADVS.SRI.B.SURESH KUMAR SMT.C.B.ANUROOPA RESPONDENT(S): ------------------ 1. THE STATE OF KEALA REPRESENTED BY ITS SECRETARY TO THE REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, FORT P.O. THIRUVANANTHAPURAM-695 023.

2. THE DISTRICT COLLECTOR KOLLAM, CIVIL STATION, KOLLAM-691 013.

3. THE SPECIAL TAHSILDAR LAND ACQUISITION RAILWAY NO.II, CIVIL STATION KOLLAM-691 013. BY GOVERNMENT PLEADER SMT.C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2402-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5303 of 2014 (K) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------ P1 : COPY OF THE JUDGMENT

DTD.15.7.2013 IN LAR NO.122/2007 PASSED BY THE SUBORDINATE JUDGE'S COURT, KOTTARAKKARA. P2 : COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE1T PETITIONER BEFORE THE2D RESPONDENT. P3 : COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE2D PETITIONER BEFORE THE2D RESPONDENT. P4 : COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE3D PETITIONER BEFORE THE2D RESPONDENT. P5 : COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE4H PETITIONER BEFORE THE2D RESPONDENT. P6 : COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE5H PETITIONER BEFORE THE2D RESPONDENT. P7 : COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE6H PETITIONER BEFORE THE2D RESPONDENT. P8 : COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE7H PETITIONER BEFORE THE2D RESPONDENT. P9 : COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE8H PETITIONER BEFORE THE2D RESPONDENT. P10: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE9H PETITIONER BEFORE THE2D RESPONDENT. P11: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE10H PETITIONER BEFORE THE2D RESPONDENT. P12: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE11H PETITIONER BEFORE THE2D RESPONDENT. P13: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE12H PETITIONER BEFORE THE2D RESPONDENT. P14: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE13H PETITIONER BEFORE THE2D RESPONDENT. P15: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE14H PETITIONER BEFORE THE2D RESPONDENT. P16: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE15H PETITIONER BEFORE THE2D RESPONDENT. WP(C).No. 5303 of 2014 (K) -2- P17: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE16H PETITIONER BEFORE THE2D RESPONDENT. P18: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE17H PETITIONER BEFORE THE2D RESPONDENT. P19: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE18H PETITIONER BEFORE THE2D RESPONDENT. P20: COPY OF THE APPLICATION DTD.24.10.2013 FILED BY THE19H PETITIONER BEFORE THE2D RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE. dlk C.T.RAVIKUMAR, J --------------------------------------- W.P.(C) No.5303 of 2014 ---------------------------------------- Dated this the 24th day of February, 2014 JUDGMENT

The petitioners are aggrieved by the delay in the matter of consideration of applications submitted by them under Section 28A of Land Acquisition Act, 1894 for redetermination of amount of compensation based on an award of the court viz., LAR No.122/07 of Subordinate Judge's Court, Kottarakkara. It is the contention of the petitioner that for the purpose of conversion of Kollam-Punalur meter guage railway line into broad guage railway line different extent of properties comprised in different survey numbers, were acquired from the petitioners. The petitioners failed to seek for a reference under section 18 of the L.A.Act and subsequently, they filed Exts.P2 to P20 applications under section 28A of the L.A.Act for redetermination of the amount of compensation based on the judgment in LAR No.122/07 of the Subordinate Judge's Court, Kottarakkara. W.P.(C) No.5303 of 2014 2 2. Having heard the learned counsel for the petitioners and the learned Government Pleader and taking note of the contentions of the petitioners that Exts.P2 to P20 applications submitted by them under section 28A of the Act are still pending before the third respondent I am inclined to dispose of this writ petition, without making any observation as to the merits of the contentions. Hence, it is disposed of with a direction to the respondent to consider and pass orders on Exts.P2 to P20 applications of the petitioners expeditiously and in accordance with law, at any rate, within a period of four months from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR,JUDGE. dlk

Same Court & Year Kerala · 2014 Same Parties Gopa Kumar A. vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice Thomas P.Joseph