Kerala High Court
Laila vs Haritha V Kumar on 27 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
RP NO. 753 OF 2021
AGAINST THE JUDGMENT WP(C) 35344/2018 OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
1 THE SPECIAL TAHSILDAR (LA),
OFFICE OF THE SPECIAL TAHSILDAR (LA), THRISSUR-680 022.
2 DISTRICT COLLECTOR,
FIRST FLOOR, CIVIL STATION, KALYAN NAGAR, AYANTHOLE,
THRISSUR-680 003.
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, P.W.D.
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADV SPL GOVERNMENT PLEADER SMT.SUDHA DEVI
RESPONDENT/S:
1 LAILA,
W/O.ABDULLAKUTTY, PAZHOORVALAPPIL, ALANKODE P.O.,
MALAPPURAM-679 558, REPRESENTED BY THE P.A. HOLDER
P.V.ABDULLAKUTTY, S/O.VEERAN, PAZHOORVALAPPIL, ALANKODE
P.O.
2 SHAIBEER,
S/O.ABDULLAKUTTY, PAZHOORVALAPPIL, ALANKODE P.O.,
MALAPPURAM-679 558, REPRESENTED BY THE P.A. HOLDER
P.V.ABDULLAKUTTY, S/O.VEERAN, PAZHOORVALAPPIL, ALANKODE
P.O.
3 SHAMEEM,
S/O.ABDULLAKUTTY, PAZHOORVALAPPIL, ALANKODE P.O.,
MALAPPURAM-679 558, REPRESENTED BY THE P.A. HOLDER
P.V.ABDULLAKUTTY, S/O.VEERAN, PAZHOORVALAPPIL, ALANKODE
P.O.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
27.07.2022, ALONG WITH COC 1138/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
CON.CASE(C) NO. 1138 OF 2021
AGAINST THE JUDGMENT WP(C) 35344/2018 OF HIGH COURT OF KERALA
PETITIONER/S:
1 LAILA
AGED 62 YEARS
W/O. ABDULLAKUTTY, PAZHOORVALAPPIL, ALANKODE P.O.,
MALAPPURAM-679558 REPRESENTED BY THE P.A.HOLDER
P.V.ABDULLAKUTTY, S/O. VEERAN, AGED 73 YEARS,
PAZHOORVALAPPIL, ALANKODE P.O.
2 SHAIBEER
S/O. ABDULLAKUTTY, AGED 39, PAZHOORVALAPPIL, ALANKODE
P.O., MALAPPURAM-679558 REPRESENTED BY THE P.A.HOLDER
P.V.ABDULLAKUTTY, S/O. VEERAN, AGED 73 YEARS,
PAZHOORVALAPPIL, ALANKODE P.O.
3 SHAMEEM
S/O. ABDULLAKUTTY, AGED 37, PAZHOORVALAPPIL, ALANKODE
P.O., MALAPPURAM-679558 REPRESENTED BY THE P.A.HOLDER
P.V.ABDULLAKUTTY, S/O. VEERAN, AGED 73 YEARS,
PAZHOORVALAPPIL, ALANKODE P.O.
BY ADV G.KRISHNAKUMAR
RESPONDENT/S:
1 HARITHA V KUMAR
DISTRICT COLLECTOR, W/O. HUSBAND'S NAME NOT KNOWN TO THE
PETITIONER, AGED 37, CIVIL STATION, KALYAN NAGAR,
AYYANTHOLE, THRISSUR-680 003.
2 ADDL. MADHU.K
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, DEPUTY
COLLECTOR (RR SECTION) KSFE BLDG., CHEMBUKAVU PO 680206
IMPLEADED AS PER ORDER IN IA 1/2022 DT.
BY ADV SPL GOVERNMENT PLEADER SMT.SUDHA DEVI
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 27.07.2022, ALONG WITH RP 753/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
A.MUHAMED MUSTAQUE, J.
------------------------------------------
R.P.No.753/2021 IN W.P.(C).No.35344/2018
&
CON.CASE(C) NO. 1138 OF 2021
------------------------------------------
O R D E R
Dated this the 27th day of July, 2022
R.P.No.753/2021 IN W.P.(C).No.35344/2018:
In the light of the enquiry report placed before this
Court, there is no factual error in appreciating the
circumstances in which the petitioners in the original
petition were forced to accept the compensation amount
awarded. Further, there is an error in the operative
portion of the judgment as this Court had set aside the
entire proceedings leading to the acquisition which
apparently convey that the entire proceedings relating to
the acquisition pursuant to the notification have been set
R.P.No.753/2021 IN W.P.(C).No.35344/2018
& CON.CASE(C) NO. 1138 OF 2021
aside. In fact, this Court had only intended to confine
setting aside of the proceedings to the extent applicable to
the writ petitioners alone. Accordingly, the judgment is
clarified and reviewed. Fresh award shall be passed in
accordance with law within a period of three months from
today. It is made clear that no further time will be
granted to pass the award.
CON.CASE(C) NO. 1138 OF 2021:
In the light of the above order in R.P.No.753/2021 in
W.P.(C).No.35344/2018 extending time by three months from
today, as a last chance, to pass a fresh award, the contempt
case is closed with liberty to move again if so required.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
APPENDIX OF R.P.No.753/2021 IN W.P.(C).No.35344/2018
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE MINUTES OF THE DLPC
MEETING AND THE STATEMENT SHOWING THE
BASIC VALUE OF THE LAND.
APPENDIX OF CON.CASE(C) 1138/2021
PETITIONER ANNEXURES
Annexure P1 CERTIFIED COPY OF THE JUDGMETN DATED
12.4.2019 IN WPC NO.35344/2018 OF THIS
HON'BLE COURT.
Annexure P2 TRUE COPY OF THE ACKNOWLEDGMENT DATED
16.5.2019 ISSUED FROM THE OFFICE OF THE
RESPONDENT.
