Kerala High Court
Saheed P.K vs The District Collector on 2 August, 2021
WP(C) NO. 15088 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 15088 OF 2021
PETITIONER/S:
SAHEED P.K.,
AGED 53 YEARS,
S/O. B.P. KHADER, RESIDING AT SAFA KOTTOTH, P.O.
PARAL, THALASSERY-670671, REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER, FAZAL C.P., S/O. KUNHIMOIDEEN,
RABIYA MAHAL, P.O. TEMPLE GATE, THALASSERY, KANNUR-
670102.
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
M.K.SUMOD
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
DISTRICT COLLECTOR OFFICE, KANNUR, COLLECTORATE ROAD,
THAVAKKARA, KANNUR-670002.
2 THE SPECIAL TAHSILDAR (LA) GEN.
CIVIL STATION, THALASSERY, KANNUR-670002.
3 KENDRIYA VIDYALAYA SANGATHAN,
REPRESENTED BY ITS COMMISSIONER, 18, INSTITUTIONAL
AREA, SHAHEED JEET SINGH MARG, NEW DELHI-110016.
SRI SYED M THANGAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15088 OF 2021 2
JUDGMENT
This writ petition is filed seeking the following reliefs:
"(i) declare that the petitioner is entitled to get market value to the
property acquired from him for the purpose of formation of Road to
the proposed Kendriya Vidyalaya behind his property.
(ii) call for the records leading to Exhibit-P5 communication issued
to the petitioner by the 2nd respondent and quash the same as
illegal by issuing a writ of certiorari or any other writ or order.
(iii) issue a writ of mandamus or any other writ or order directing
the 1st and 2nd respondents to consider and pass appropriate
orders on Exhibits-P3 and P4 representation after affording an
opportunity of hearing to the petitioner to substantiate his claim
regarding the market value to the acquired property."
2. Sri. K.R.Avinash, the learned counsel appearing for the petitioner
submitted that though various other reliefs are claimed, the solitary prayer of
the petitioner is for a direction to the 1st respondent to take up and consider
Ext.P3 representation and to take a decision.
3. In response, Sri.Sayed M.Thangal, the learned Government
Pleader, submitted that now that the award has been passed by the District
Collector, it is for the petitioner to file appropriate application under Section 64
of the Act and get the matter referred to the authority. However, it is
submitted that since Ext.P3 representation is pending before the 1st
respondent, the same can be taken up and appropriate orders can be passed.
4. Without expressing any opinion on the merits of the assertions
made by the petitioner in Ext.P3 representation and having regard to the facts
and circumstances, this writ petition is disposed of directing the 1st respondent
to take up Ext.P3 representation submitted by the petitioner and pass
appropriate orders as per procedure and in consonance with law, and with
notice to the petitioner and affected parties, if any, expeditiously, in any event,
within a period of two months from the date of production of a copy of this
judgment.
The petitioner shall produce a copy of the writ petition along with this
judgment before the 1st respondent to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
APPENDIX OF WP(C) 15088/2021
PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE DOCUMENT NO.2009/2015
DATED 08/09/2015 OF SRO, KADIRUR.
Exhibit P2 TRUE COPY OF THE DOCUMENT NO.621/2018 DATED
08/09/2015.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
11/01/2021 MADE BY THE PETITIONER BEFORE
THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
11/01/2021 MADE BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPLY NO. K-773/11 OF THE
2ND RESPONDENT DATED 24/06/2021.
RESPONDENT(S) EXHIBITS : NIL
