Puthiyonnan Reeja vs State Of Kerala
2021 Latest Caselaw 13539 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                     WP(C) NO. 17205 OF 2014
PETITIONER:

         PUTHIYONNAN REEJA
         AGED 46 YEARS
         W/O.BALARAMAN, HOUSEWIFE, RESIDING AT 'R.B'
         MATTANNUR, THALASSERY TALUK, KANNUR DISTRICT
         PIN.670702
         BY ADV SRI.R.SURENDRAN


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
         WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
         695001.
    2    THE LAND ACQUISITION OFFICER
         OFFICE OF THE SPECIAL TAHSILDAR, L.A(NH),
         THALASSERY, KANNUR DISTRICT 670 101.


         BY SMT.LATHA.T.THANKAPPAN, SPL.GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.17205/2014

                                     2




                     P.V.KUNHIKRISHNAN, J.
                       -------------------------------
                     W.P.(C).No.17205 of 2014
               ----------------------------------------------
              Dated this the 01st day of July, 2021


                             JUDGMENT

This writ petition is filed with following prayers:

i. Declaration that Exhibit P2 Award has been lapsed as against the property and building of the petitioner described as Holding No. 1 referred to in Exhibit P1;

ii. Declaration that the petitioner is not liable to be dispossessed of her property and building described as Holding No.1 on the strength of Exhibit P2;

iii. Prohibition restraining the respondents from dispossessing the petitioner of building and property described as Holding No.1 in Exhibit P2;

iv. Any other relief that the Honourable Court may deem fit to grant in the circumstances of the case.

2. Today, when this writ petition came up for

consideration, the counsel for the petitioner submitted that

Ext.P2 award is lapsed because the possession was not taken and W.P.(C).No.17205/2014

the compensation was not paid. The Government Pleader

conceded that a fresh notification is issued regarding the same

property.

In the light of the above submission, the proceedings based

on Ext.P2 award is lapsed in the light of Section 24(2) of the

Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013. It is

declared so.

With the above observation, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.17205/2014

APPENDIX OF WP(C) 17205/2014

PETITIONER ANNEXURE EXT.P1 TRUE COPY OF THE DOCUMENT DATED 25-7-

1995 REGISTERED AS NO.1983 OF 1995 OF SUB REGISTRAR'S OFFICE, MATTANNUR. EXT.P2 TRUE COPY OF THE RELEVANT PAGES OF THE AWARD NO.122 OF 2008 DATED 21-10-2008 PASSED BY THE SECOND RESPONDENT.

EXT.P3 TRUE COPY OF THE MAHAZAR DATED NIL PREPARED BY THE SPECIAL REVENUE INSPECTOR, OFFICE OF THE SPECIAL TAHSILDAR, L.A(NH) THALASSERY WITH THE SIGNATURE OF THE PETITIONER PUT ON 26-4-