Sirajudeen vs District Collector
2022 Latest Caselaw 621 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                      WP(C) NO. 28558 OF 2021
PETITIONER:

           SIRAJUDEEN
           AGED 67 YEARS
           D/O. KASIM PILLAI, VALAYIL VADAKKATHIL, KANNAMPALLY
           BHAGOM, KEERIKKAD, KAYAMKULAM, ALAPPUZHA DISTRICT,
           PIN - 690502.
           BY ADVS.
           S.JUSTUS
           S.SAJEEB


RESPONDENTS:

    1      DISTRICT COLLECTOR
           ALAPPUZHA COLLECTORATE, ALAPPUZHA, PIN - 688001.
    2      THE SPECIAL TAHSILDAR,
           LAND ACQUISITION (NH) NO.1, HARIPAD, ALAPPUZHA
           DISTRICT, PIN - 690514.
    3      ANEESH
           AGED 38 YEARS
           S/O. HAMEED KUTTY, KANNAMPALLIL, KANNAMPALLY BHAGOM,
           KEERIKKAD, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN -
           690502.




           SMT. MABLE .C .KURIAN SR.G.P



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                        2



W.P.(C)No. 28558 of 2021




                             JUDGMENT

Dated this the 14th day of January, 2022.

The limited request of the petitioner in this writ

petition is that the second respondent - Special Tahsildar,

be directed to consider Ext.P4 representation wherein, he

has made a claim over the compensation now awarded

in favour of the third respondent, with respect to a

property acquired by the second respondent.

When this matter was called, Sri.S.Jayakrishnan -

learned counsel appearing for the third respondent,

sought time to file counter pleadings; but then

submitted that, if this Court is inclined to direct the

second respondent to consider Ext.P4 representation of

the petitioner, then he would not stand in the way of

W.P.(C)No. 28558 of 2021

such orders being issued, provided his client is also given

necessary opportunity of being heard.

Taking note of the afore submissions, I order this

writ petition and direct the second respondent to take up

Ext.P4 representation of the petitioner and dispose of the

same, after hearing him, as also the third respondent;

thus leading to appropriate orders thereon, as

expeditiously as is possible, but not later than one month

from the date of receipt of a copy of this judgment.

In order to obtain an expeditious compliance of the

afore directions, I direct the petitioner and the 3 rd

respondent to mark appearance before the second

respondent - Special Tahsildar at 11:00 AM on

21.01.2022; on which day, said Authority will either hear

them or fix another convenient date for hearing, but will

complete the proceedings as ordered above, within the

time frame granted.

W.P.(C)No. 28558 of 2021

Needless to say, until such time as the afore

exercise is completed and the resultant order

communicated to both sides, the disbursal of the

amounts under the Award - if it has not been done yet -

shall be deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/15.01.2022.

W.P.(C)No. 28558 of 2021

APPENDIX OF WP(C) 28558/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 09.02.2021 IN O.S NO. 198/2008 BEFORE THE SUB COURT, MAVELIKKARA.

Exhibit P2 THE TRUE COPY OF THE RELEVANT PART OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE VALUATION STATEMENT DATED 16.11.2021 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 28.10.2021 BEFORE THE 2ND RESPONDENT WITH TYPED COPY.