Dr.M.Balakrishnan vs The District Collector, ...
2021 Latest Caselaw 12896 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
  FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                     WP(C) NO. 11380 OF 2021
PETITIONER:

         SUNIL KUMAR M.
         AGED 59 YEARS
         S/O. MADHAVAN, T.C. 1/1203, THOPPIL VEEDU,
         POONTHY ROAD, KUMARAPURAM, MEDICAL COLLEGE P.O.
         THIRUVANANTHAPURAM 695 011.

         BY ADV BASANT BALAJI (B-291)-12221



RESPONDENTS:

    1    THE DISTRICT COLLECTOR,
         THIRUVANANTHAPURAM , CIVIL STATION,
         KUDAPPANAKUNNU P.O. THIRUVANANTHAPURAM 695 043.

    2    THE SPECIAL TAHSILDAR,
         ADDITIONAL L.A. UNIT, CIVIL STATION,
         KUDAPPANAKUNNU P.O. THIRUVANANTHAPURAM 695 043.

         BY SMT. VIDHYA A.C GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2021, ALONG WITH WPC.NO.11480/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11380 & 11480 OF 2021

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          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
  FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                     WP(C) NO. 11480 OF 2021
PETITIONER:

         DR.M.BALAKRISHNAN
         AGED 72 YEARS
         S/O. MADHAVAN, T.C NO 25/420, PATTATHU VILA,
         HOUSE NO, 14, SANTHI NAGAR,
         GOVERNMENT PRESS ROAD, THIRUVANANTHAPURAM 695 001

         BY ADV BASANT BALAJI



RESPONDENTS:

    1    THE DISTRICT COLLECTOR,
         THIRUVANANTHAPURAM , CIVIL STATION,
         KUDAPPANAKUNNU P.O. THIRUVANANTHAPURAM 695 043.

    2    THE SPECIAL TAHSILDAR,
         ADDITIONAL L.A. UNIT, CIVIL STATION,
         KUDAPPANAKUNNU P.O. THIRUVANANTHAPURAM 695 043.


OTHER PRESENT:

         SMT. VIDHYA A.C GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2021, ALONG WITH WPC.NO.11380/2021 THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11380 & 11480 OF 2021

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                      J U D G M E N T

These writ petitions have been filed seeking a

direction to the second respondent to consider and pass

orders on the applications filed by the petitioners

under Section 28 A of the Land Acquisition Act based on

the judgment of the Sub Court in respect of lands

covered by the same notification (judgment in

LAR.No.361/2019).

2. Learned Government Pleader on instructions

submits that if the applications are filed in time,

which can be considered and disposed of by the second

respondent.

3. Learned counsel for the petitioner asserts

that the applications are filed in time as is evident

from the endorsements made thereon.

Accordingly there shall be a direction to the

second respondent to consider and pass orders on the

applications filed by the petitioners (Ext.P2 in both WP(C) NO. 11380 & 11480 OF 2021

the writ petitions), after affording an opportunity of

hearing to the petitioner, within a period of 'three

months' from the date of receipt of a copy of this

judgment.

Sd/-

GOPINATH P., JUDGE AS WP(C) NO. 11380 & 11480 OF 2021

APPENDIX OF WP(C) 11380/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE RELEVANT PAGES OF THE AWARD IN LAC 263/2007.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR RE DETERMINATION OF COMPENSATION FILED BY THE PETITIONER UNDER SECTION 28A OF THE LA ACT DTD 04-11-2020 WP(C) NO. 11380 & 11480 OF 2021

APPENDIX OF WP(C) 11480/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE 15(3) NOTICE DTD 22-12-

2007 ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR RE DETERMINATION OF COMPENSATION FILED BY THE PETITIONER UNDER SECTION 28A OF THE LA ACT DTD 16-11-2020