Simimon.C vs State Of Kerala
2021 Latest Caselaw 2952 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                   WP(C).No.1186 OF 2021(W)


PETITIONER:

              SIMIMON.C
              AGED 50 YEARS
              S/O. CLEMENT, PUTHVAL PURADYIDOM, PUTHENTHOPPU
              P.O., THIRUVANANTHAPURAM, PIN-695 586.

              BY ADVS.
              SRI.T.V.GEORGE
              SRI.JIMMY GEORGE (THADATHIL)

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO REVENUE
              DEPARTMENT, GOVT. SECRETARIAT,
              THIRUVANANTHAPURAM, PIN-695 001.

     2        DY.COLLECTOR AND LAND ACQUISITION OFFICER
              OFFICE OF THE DISTRICT COLLECTOR,
              THIRUVANANTHAPURAM, PIN-695 033.

     3        DIRECTOR
              DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM,
              PIN-695 011.


              R BY SMT A.C.VIDHYA- GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 27.01.2021, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
                                           -2-
WP(C).No.1186 OF 2021(W)


                            JUDGMENT

The petitioner, who was the owner of 0.04.05 Ares of

land in Sy.No.51 of Kadakampilly Village in

Thiruvananthapuram Taluk, which was acquired for the

purpose of construction of Amusement Park at Veli, has filed

this writ petition under Article 226 of the Constitution of India,

seeking a writ of mandamus commanding respondents 1 and

2 to deposit the compensation amount in LAR No.90/2002 in

the Sub Court, Thiruvananthapuram, as the same has already

been remitted by the 3rd respondent Director, Department of

Tourism, the requisition authority, as early as on 31.01.2017,

at the earliest without any further delay.

2. On 15.01.2021, when this writ petition came up for

admission, the learned Government Pleader was directed to

get instructions.

3. Heard the learned counsel for the petitioner and

also the learned Government Pleader appearing for the

respondents.

4. The learned Government Pleader, on instructions,

would submit that the 2nd respondent Deputy Collector and

Land Acquisition Officer shall deposit the amount of

WP(C).No.1186 OF 2021(W)

compensation in LAR No.90/2002 before the Sub Court,

Thiruvananthapuram, within ten days.

Having considered the submissions made by the learned

counsel on both sides, this writ petition is disposed of by

directing the 2nd respondent to deposit the amount of

compensation in LAR No. 90/2002 before the Sub Court,

Thiruvananthapuram, within a period of ten days from this

date.

Sd/-

ANIL K.NARENDRAN, JUDGE

AV/28/1

WP(C).No.1186 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DECREE IN LAR NO.90/02 DATED 21.10.2015 PASSED BY THE ADDL. SUB JUDGE, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE CALCULATION STATEMENT PREPARED BY THE LAND ACQUISITION OFFICER.

EXHIBIT P3 TRUE COPY OF THE REQUEST LETTER DATED 28.11.2016 PREFERRED BY THE LAND ACQUISITION OFFICER.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT BY ORDER NO.P6(C3)18224/06 DATED 31.1.2017.

EXHIBIT P5 TRUE COPY OF THE CLARIFICATION LETTER DATED 11.12.2020 ISSUED BY THE 3RD RESPONDENT.