Sukumaran.T.S vs The District Collector
2021 Latest Caselaw 21698 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943

                             WP(C) NO. 21997 OF 2021

PETITIONER:

               SUKUMARAN.T.S
               AGED 70 YEARS
               S/O.LATE SREEDHARAN, SAROJA BHAVAN, AVADUKKA P O.,
               PANTHIRIKKARA, PERUVANNAMUZHI, KOZHIKODE DISTRICT, KERALA STATE
               673 528

               BY ADVS.
               VIVEK VARGHESE P.J.
               VARUGHESE M EASO



RESPONDENTS:

     1         THE DISTRICT COLLECTOR,
               DISTRICT COLLECTORATE, KOZHIKODE DISTRICT 673 020

     2         STATE OF KERALA
               REP.BY SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM 695 001.

               BY SMT.RESMITHA - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21997 OF 2021

                                       2




                                JUDGMENT

The petitioner has approached this Court seeking that his

application made before the District Collector, Kozhikode, under the

provisions of Section 101 of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, be taken up and disposed of within a time frame to be fixed by

this Court.

2. Smt.Resmitha Ramachandran, learned Government

Pleader appearing for the respondent, submitted that if the

petitioner only requires his afore application to be disposed of, there

does not appear to be any legal impediment in doing so; but prayed

that this Court may not make any affirmative declarations as to the

entitlement of the petitioner to any relief and leave it to the

competent Authority to take a decision on it in terms of law.

Taking note of the afore submissions and without entering into

the merits of any of the contentions or reliefs urged and prayed for

by the petitioner, I order this writ petition to the limited of extent of

directing 1st respondent - District Collector, to take up Ext.P7 and

dispose of the same, after affording an opportunity of being heard to

the petitioner; thus culminating in an appropriate order and WP(C) NO. 21997 OF 2021

necessary action thereon, as expeditiously as is possible but not later

than two months from the date of receipt of a copy of this judgment.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 21997 OF 2021

APPENDIX OF WP(C) 21997/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER IN LA(OP) NO.103/1970 OF SUB COURT, BADAGARA DT. 23/7/1973

Exhibit P2 TRUE COPY OF PURCHASE CERTIFICATE DT. 1/7/76 NO.1379/1976 ISSUED BY THE SPECIAL TAHSILDAR

Exhibit P3 TRUE COPY OF THE SETTLEMENT DEED NO.2755/2000 OF SRO, PERAMBRA DT. 12/12/2000

Exhibit P4 TRUE COPY OF REPRESENTATION BY PETITIONER TO THE REVENUE MINISTER DT. 5.7.2013

Exhibit P5 TRUE COPY OF RECEIPT NO.KKVV 20476 DT. 26/3/2015

Exhibit P6 TRUE COPY OF RECEIPT DT. 2.8.13 NO.B2.36299/13 BY THE 1ST RESPONDENT

Exhibit P7 TRUE COPY OF PETITION NO.E/6251/2020 DT. 19/11/19 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT