Mariamma Mathew vs Kerala State Industrial ...
2021 Latest Caselaw 8296 Ker

WP(C).No.28022 OF 2011(C)           -1-

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

            THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                          WP(C).No.28022 OF 2011(C)


PETITIONER/S:

      1         MARIAMMA MATHEW, W/O THOMAS MATHEW,
                NELLUVELIL HOUSE, NADAKKEL.P.O.,, ERATTUPETTA,
                KOTTAYAM.

      2         PRADEEP JOSEPH AGED 31 YEARS
                S/O.P.V.JOSEPH, VADAKKE PUTHENPURAYIL,
                (NADUTHOTTIYIL) HOUSE, NADAKKEL.P.O.,, ERATTUPETTA,
                KOTTAYAM.

                BY ADVS.
                SRI.K.RAMAKUMAR (SR.)
                SMT.SARITHA DAVID CHUNKATH
                SMT.SMITHA GEORGE

RESPONDENT/S:

      1         KERALA STATE INDUSTRIAL DEVELOPMENT
                CORPORATION LTD., KESTON ROAD, KOWDIAR,,
                THIRUVANANTHAPURAM.-695 003, REPRESENTED BY ITS,
                MANAGING DIRECTOR.

      2         THE DISTRICT COLLECTOR
                KOZHIKODE-673 020.

                R1   BY   SRI.P.U.SHAILAJAN, SC, KSIDC
                R1   BY   ADV. SMT.MARIAM MATHAI
                R1   BY   ADV. SRI.M.PATHROSE MATTHAI SR.
                R1   BY   ADV. SRI.SAJI VARGHESE

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28022 OF 2011(C)               -2-




                                JUDGMENT

Dated this the 12th day of March, 2021

This writ petition is filed by the petitioner seeking the following

reliefs:-

"i) To issue a Writ of Mandamus directing the respondent authorities to grant the petitioners compensation for the lands acquired as mentioned in Exhibit P6.

ii) To declare that the inaction on the part of the authorities in delaying the acquisition proceedings and grant of compensation is wholly illegal and arbitrary."

2. The subject issue relates to the acquisition of the property by

the 1st respondent in order to start a Coconut Industrial Park at

Kuttiyadi, Kozhikode District. The relief sought for by the petitioner

shows that though the property was taken over, no compensation was

paid.

Anyhow, the payment of compensation and the valuation done

were all subject matter of a writ petition filed by the very same

petitioners and it was allowed, which judgment was affirmed by a

Division Bench of this Court in W. A. No. 935 of 2020 dated

01.12.2020. Apparently, looking from that angle, it is quite clear and

evident that nothing survives to be considered since the award is

already passed and appropriate actions were taken.

The writ petition has become infructuous. Accordingly, it is

dismissed.

Sd/-

SHAJI P.CHALY JUDGE

Eb

///TRUE COPY///

P. A. TO JUDGE