C.K.Ashalatha Divakaran vs The District Collector
2021 Latest Caselaw 14729 Ker

WP(C) NO. 14039 OF 2021           1

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
         WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                         WP(C) NO. 14039 OF 2021
PETITIONER/S:

     1       C.K.ASHALATHA DIVAKARAN,
             AGED 66 YEARS,
             W/O. (LATE) K.P.DIVAKARAN, RESIDING AT FLAT NO.9D, CLIFF
             WATERS SKYLINE, PAYYAMBALAM, KANNUR, PIN-670 001

     2       C.K.CHANDRA PRABHA,
             AGED 73 YEARS,
             D/O. (LATE) C.T.SREEDHARAN, RESIDING AT FLAT NO.9D, CLIFF
             WATERS SKYLINE, PAYYAMBALAM, KANNUR, PIN-670 001.

             BY ADV JESWIN P.VARGHESE



RESPONDENT/S:

     1       THE DISTRICT COLLECTOR,
             CIVIL STATION (POST), KANNUR, PIN-670 001.

     2       THE DEPUTY COLLECTOR (LAND ACQUISITION),
             CIVIL STATION (POST), KANNUR, PIN-670 001.

     3       THE SPECIAL TAHSILDAR,
             KANNUR CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION
             (POST), KANNUR, PIN-670 001.

     4       THE PROJECT COORDINATOR,
             KANNUR CITY ROAD IMPROVEMENT PROJECT, NEAR TO OTTATHENGU
             MUTHAPPAN TEMPLE, ALAVIL (P.O), KANNUR, PIN-670 008.


\

             SMT K AMMINIKUTTY, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14039 OF 2021              2

                                  JUDGMENT

The petitioners state that they are the absolute owners in title and

possession of 62 cents of land comprised in Sy. No. 788/3A. They are

aggrieved by Ext.P3 notification issued under Section 11(1) of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 in respect of the above item of property. The

petitioners contend that though the name and other details of the petitioners

are not included in the schedule of Ext.P3 notification, the officials under the

3rd respondent are attempting to trespass into the petitioners' property. They

contend that the action of the respondents does not have the sanction of law.

In the said circumstances, the petitioners are stated to have approached the

1st respondent and submitted Ext.P4 representation. They have also submitted

Ext.P5 representation on similar lines before the 2nd respondent. However,

their grievance is that the said respondents have not considered the

representation submitted by the petitioners. It is in the afore circumstances

that the petitioners have approached this Court seeking to declare that the

respondents are not entitled to enter the property covered under Ext.P1 on the

strength of Ext.P3 notification and for a further direction to the 1st respondent

to consider and pass orders on Ext.P4 representation with due notice to the

petitioners.

2. Sri. Jeswin P. Varghese, the learned counsel appearing for the

petitioners submitted that the petitioners would be satisfied if the 1st

respondent is directed to consider Ext.P4 representation and take a decision

within a time frame.

3. The learned Government Pleader submits that there is no

impediment in considering the above prayer.

4. Having regard to the facts and circumstances and the

submissions made across the bar, this writ petition will stand disposed of

directing the 1st respondent to take up, consider and pass appropriate

orders on Ext.P4 representation submitted by the petitioners with notice to

them. Orders shall be passed expeditiously, in any event, within a period of

two months from the date of production of a copy of this judgment.

The petitioners 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) 14039/2021

PETITIONER(S) EXHIBITS

Exhibit P1 A TRUE COPY OF LAND TAX RECEIPT NO.1484932 ISSUED BY THE VILLAGE OFFICER, KANNUR II VILLAGE DATED 29.09.2018.

Exhibit P2 A TRUE COPY OF KERALA GAZETTE NOTIFICATION NO.1322 PUBLISHED U/S 6 (1) OF THE SURVEY AND BOUNDARIES ACT DATED 14.06.2019.

Exhibit P3 A TRUE COPY OF KERALA GAZETTE NOTIFICATION NO.1585 PUBLISHED U/S 11 (1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION , REHABILITATION AND RESETTLEMENT ACT, 2013, (ACT 30 OF 2013) DATED 20.05.2021.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE WRIT PETITIONERS BEFORE THE 1ST RESPONDENT DATED 03.06.2021.

Exhibit P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE WRIT PETITIONERS BEFORE THE 2ND RESPONDENT DATED 03.06.2021.

RESPONDENT(S) EXHIBITS :     NIL