Abdul Nazar vs The State Of Kerala
2022 Latest Caselaw 2896 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                        WP(C) NO. 27521 OF 2013
PETITIONER/S:

            ABDUL NAZAR, AGED 47
            S/O.MANAMKULAM ABOOBACKER,PANNIYANKARA DESOM.
            P.O,THIRUVANNURNADA,KOZHIKODE DISTRICT.

            BY ADV SRI.G.SREEKUMAR (CHELUR)



RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
            LOCAL SELF GOVERNMENT DEPARTMENT,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.

    2       THE REVENUE DEPARTMENT
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.

    3       THE DISTRICT COLLECTOR
            CIVIL STATION,KOZHIKODE.

    4       THE SPECIAL TAHSILDAR LAND ACQUISITION
            KOZHIKODE.

    5       THE KOZHIKODE CORPORATION
            REPRESENTED BH ITS SECRETARY,
            BEACH ROAD,KOZHIKODE.

    6       THE PROJECT DIRECTOR
            P.M.U,K.S.U.D.P,5TH FLOOR,TRANS TOWER,
            VAZHUTHACAUD,THIRUVANANTHAPURAM.

    7       THE MANAGER,K.S.U.D.P, CORPORATION OFFICE,
            BEACH ROAD,KOZHIKOODE.
            R BY SR.GP SRI.C.N.PRABHAKARAN


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27521 OF 2013           ..2.

                      JUDGMENT

This writ petition is filed for a direction to the

respondents not to initiate any acquisition proceedings as

referred to in Exts.P9 and P11. The contention of the

petitioner is that no Section 6 declaration pursuant to

Section 4(1) notification under the Land Acquisition Act,

1894 was issued by the 1st respondent.

2. Sri.C.N.Prabhakaran, learned Senior Government

Pleader on instructions submits that, pursuant to Exts.P9

and P11, the acquisition proceedings in respect of the

petitioner's property was not proceeded with.

In view of the said submission of the learned Senior

Government Pleader that the petitioner's property is not

acquired pursuant to Exts.P9 and P11, nothing survives

for consideration in this writ petition and the writ

petition is accordingly closed.

Sd/-

                          MURALI PURUSHOTHAMAN
                                  JUDGE
SB/16/03/2022
 WP(C) NO. 27521 OF 2013      ..3.

              APPENDIX OF WP(C) 27521/2013

PETITIONER EXHIBITS

EXT.P1 A TRUE COPY OF THE DOCUMENT BEARING NO.1278 OF 07 OF THE KOZHIKODE S R O DATED 16/11/07.

EXT.P2 A TRUE COPY OF THE DOCUMENT BEARING NO.1279 OF 07 DATED 16/11/07 OF THE KOZHIKODE S R O.

EXT.P3 A TRUE COPY OF THE SKETCH OF THE PROPERTIES IN QUESTION PREPARED BY THE HEAD SURVEYOR DATED NIL.

EXT.P4 A TRUE COPY OF THE CONSENT AND THE SPECIFICATION ISSUED BY THE CORPORATION OF CALICUT DATED 9/2/2011

EXT.P5 A TRUE COPY OF THE NOTICE SERVED ON THE PETITIONER AND HIS WIFE DATED 14/3/2011

EXT.P6 A TRUE COPY OF THE REPLY OF THE PETITIONER BEFORE THE CORPORATION DATED 7/5/2011

EXT.P7 A TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY TO THE CORPORATION DATED 14/11/2011.

EXT.P8 A TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 22/2/2011.

EXT.P9 A TRUE COPY OF THE NOTICE PUBLISHED ON 24/2/2012.

EXT.P10 A TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 12/10/2011

EXT.P11 A TRUE COPY OF THE COMMUNICATION OF THE SPL.TAHSILDAR DATED 1/10/2013.