Kerala High Court
Mercy Joy vs The District Collector on 5 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 22050 OF 2013
PETITIONER:
MERCY JOY
AGED 67 YEARS
W/O.JOY, ASHIJANA HOUSE, NECHOOR P O,
ERNAKULAM DISTRICT, PIN-686 664
BY ADV SRI.PAUL K.VARGHESE
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KAKKANAD, CIVIL STATION, ERNAKULAM DISTRICT, PIN-682 030
2 THE REVENUE DIVISIONAL OFFICER, CIVIL STATION
MUVATTUPUZHA, MUDAVOOR P O, PIN-686 661
3 THE EXECUTIVE ENGINEER
PWD ROAD DIVISION, MUVATTUPUZHA - 686 661
BY ADV.
SRI. B.S. SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22050 OF 2013
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.22050 of 2013
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Dated this the 05th day of April, 2024
JUDGMENT
The above writ petition is filed with the following prayers:
"1. The act of the respondents not considering the application of the petitioner is wrong of illegal.
2. The petitioner entitled to get the enhanced compensation as per Exhibit Pl award.
3. The respondent ought to have passed an order in Exhibit P2 application, without any delay." SIC
2. The grievance of the petitioner is that Ext.P2 application, which is said to be filed under WP(C) NO. 22050 OF 2013 3 Section 28A of the Land Acquisition Act is not considered.
3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.
4. After hearing both sides, I think, there can be a direction to the authority concerned to consider Ext.P2, if it is received in time.
Therefore, this writ petition is disposed of with the following directions:
i. The 1st respondent is directed to consider and pass appropriate orders in Ext.P2, if the same is received and pending as on today, as expeditiously as possible, at any rate, within a period of four months WP(C) NO. 22050 OF 2013 4 from the date of receipt of a copy of this judgment.
ii. The petitioner will produce a certified copy of the judgment, along with a copy of the writ petition with exhibits, before the 1st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 22050 OF 2013 5 APPENDIX OF WP(C) 22050/2013 PETITIONER EXHIBITS P1:-A TRUE COPY OF THE JUDGMENT LAR 130/07 SUB COURT MUVATTUPUZHA DTD 16/6/2009 P2:-A TRUE COPY OF THE APPLICATION FILED BY THE PETITINOER BEFORE THE IST RESPONDENT DTD NIL RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE