Kerala High Court
Shaji N Kuruvila vs State Of Kerala on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 20971 OF 2021
PETITIONER:
SHAJI N KURUVILA
AGED 47 YEARS
S/O. LATE SRI. A.N.KURUVILA, AMBARAYIL, THALAVADI VILLAGE, NOW
RESIDING AT AMBARAYIL HOUSE, RS PO - 689911, THIRUVALLA
VILLAGE, THIRUVALLA THALUK, PATHANAMTHITTA DISTRICT,
BY ADVS.
VARUGHESE M EASO
VIVEK VARGHESE P.J.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE DISTRICT COLLECTOR,
PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA P.O, PIN -
689645..
3 THE VILLAGE OFFICER,
KUTTAPPUZHA VILLAGE, RAILWAY STATION P.O, PATHANAMTHITTA,
THIRUVALLA, PIN - 689111.
4 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER (ROADS), PUBLIC WORKS
DEPARTMENT, PATHANAMTHITTA P.O, PIN- 689645.
5 THE MANAGING DIRECTOR,
ROAD INFRASTRUCTURE COMPANY KERALA LIMITED, GANDHI NAGAR, 2ND
STREET, VAZHUTHAKKADU, THIRUVANANTHAPURAM, PIN - 685014.
6 RAJAGIRI OUTREACH
REPRESENTED BY ITS DIRECTOR, RAJAGIR COLLEGE OF SOCIAL SCIENCES
(AUTONOMUS), RAJAGIRI P.O, KALAMASSERY, COCHIN - 683104.
OTHER PRESENT:
SMT. RESMITHA RAMACHANDRAN - G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20971 OF 2021
2
JUDGMENT
The petitioner alleges that, in spite of he having been filed
Ext.P6 objection against Ext.P5 Social Impact Assessment Study -
published under Section 11 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act (for short, 'the Act'), the same has not been considered by the
District Collector until now. He, therefore, prays that the said
Authority be directed to take up Ext.P6 and dispose of the same,
within a time frame to be fixed by this Court.
2. However, the learned Senior Government Pleader -
Smt.Resmitha Ramachandran, submitted that Ext.P6 objections are
premature because Ext.P5 Report has yet not been published,
under the provisions of Section 11(1) of the 'Act'. She contended
that it is only after Ext.P5 is statutorily published, will the
petitioner obtain any cause to object to it, by approaching the
competent Authority.
3. On hearing Smt.Resmitha Ramachandran as afore,
Sri.Varughese M.Easo, learned counsel for the petitioner, prayed
that this writ petition be allowed to be withdrawn, with liberty to
his client to approach the competent Authority at the relevant time,
WP(C) NO. 20971 OF 2021
after Ext.P5 is published in terms of Section 11(1) of the Act.
Taking note of the afore and recording the afore submissions
of Smt.Resmitha Ramachandran, I close this writ petition, without
entering into the merits of any of the other contentions of the
petitioner; and leaving him full liberty to approach the competent
Authority, as and when the Social Impact Assessment Report is
published in terms of the Act.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 20971 OF 2021
APPENDIX OF WP(C) 20971/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DOCUMENT NO. 1646/2/2021 DATED
18.08.2021 OF SRO, THIRUVALLA.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT NO.
KL03050706211/2021 DATED 16.09.2021 ISSUED BY THE
OFFICE OF THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE BUILDING
PERMIT NO. TP B1 222676/2019 DATED 06.08.2019.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 20.05.2020 IN WP(C)
NO. 29940 OF 2019 OF THIS HON'BLE COURT.
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE REPORT DATED
09.08.2021 PREPARED BY THE 6TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE OBJECTION DATED 24.08.2021
SUBMITTED BEFORE THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE LETTER DATED 07.09.2021 ISSUED BY
2ND RESPONDENT TO 5TH RESPONDENT.
