Thresyamma Jose vs Union Of India
2021 Latest Caselaw 19103 Ker

WP(C) No.6996/2021                        1/4

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                     THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
            Monday, the 13th day of September 2021 / 22nd Bhadra, 1943
                              WP(C) NO. 6996 OF 2021
   PETITIONERS:

      1. THRESYAMMA JOSE, W/O. JOSE P.V. PARASSERIL, S.N.PURAM P.O.,
         THIRUVIZHA, PIN - 688582.
      2. DEVAKI, W/O. CHELLAPPAN, THOPPIL, KANICHUKULANGARA P.O., THIRUVIZHA,
         PIN - 688582.
      3. APPUKUTTAN MADHAVAN, S/O. MADHAVAN, THOTTATHARA HOUSE,
         KANICHUKULANGARA P.O., PIN - 688582.
      4. SURESH KUMAR, S/O. KRISHNA PILLAI, KOTTAPPURATHUVELI,
         KANICHUKULANGARA P. O., PIN - 688582.
      5. SANTHA RAJAPPAN, W/O. RAJAPPAN, MENON THOPPIL, S.N. PURAM P.O., PIN
         - 688582.
      6. T.P.ANILKUMAR, S/O. PARAMESWARA KURUPPU, KOLLAPARAMBIL,
         KANICHUKULANGARA P.O., PIN - 688582.
      7. PUSHPARAJAN, S/O. APPUKUTTAN, VARAPUZHA, S.N. PURAM P.O., PIN - 688
         582.

   RESPONDENTS:

      1. UNION OF INDIA, REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY,
         PARK TOWN P. O., CHENNAI - 1.
      2. ASST. DIVISIONAL ENGINEER, SOUTHERN RAILWAY, KOLLAM - 691001.
      3. ADDITIONAL TAHSILDAR, TALUK OFFICE, CHERTHALA, ALAPPUZHA DISTRICT -
         688 524.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to call for records from the 1st & 2nd respondent and direct them
   to pay the compensation to the petitioners as fixed in Ext.P2 valuation
   certificate with 12% interest.


          This petition coming on for admission upon perusing the petition and
   the   affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S   P.K.NANDINI, JAYARAJ.A.PIUS, JUBYRAJ.A.P & JISHAMOL CLEETUS, Advocates
   for   the petitioners, and of STANDING COUNSEL for R1 & R2, the court passed
   the   following:
 WP(C) No.6996/2021                          2/4




                                 P.B.SURESH KUMAR, J.
                         -----------------------------------------------
                                W.P.(C) No.6996 of 2021
                         -----------------------------------------------
                     Dated this the 13th day of September, 2021.


                                          ORDER

Heard the learned counsel for the petitioners as also

the learned Standing Counsel for respondents 1 and 2.

2. It is seen that claims for compensation raised

by similarly placed persons for the trees cut and removed from

their lands in connection with the establishment of Alappuzha-

Ernakulam railway line based on the valuation certificate issued

by the Tahsildar have been upheld by this Court in Exts.P3 and

P5 judgments and the petitioners therein were directed to be

paid the amounts due within two months.

3. In the light of Exts.P3 and P5 judgments, the

second respondent is directed to consider the claim of the WP(C) No.6996/2021 3/4

petitioners also in the light of Exts.P3 and P5 judgments with

notice to them within six weeks from the date of receipt of a

copy of this order.

Post after six weeks.

Sd/-

                                                       P.B.SURESH KUMAR, JUDGE



             Mn




13-09-2021                         /True Copy/                        Assistant Registrar
 WP(C) No.6996/2021                 4/4

                      APPENDIX OF WP(C) 6996/2021
EXHIBIT P2           TRUE COPY OF VALUATION CERTIFICATE ISSUED BY 3RD
                     RESPONDENT IN 2011.
EXHIBIT P3           TRUE COPY OF JUDGMENT DATED 15.12.2016 IN WP(C)

NO.30785 OF 2016 OF THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 19.09.2018 IN WP(C) NO.7174 OF 2018 OF THIS HON'BLE COURT.