Elizebeth Joseph vs State Of Kerala
2022 Latest Caselaw 10141 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                       WP(C) NO. 20609 OF 2013
PETITIONER:

          ELIZEBETH JOSEPH
          AGED 49 YEARS
          W/O.SADANANDAN, TEACHER, RESIDING AT NALLACHERY HOUSE,
          PAZHASSI AMSOM, NELLUNNI DESOM, MATTANNUR P.O., KANNUR
          DISTRICT-670 702.
          BY ADV SRI.R.SURENDRAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
          INDUSTRIES DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     THE KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
          CORPORATION,(KINFRA),
          KINFRA HOUSE, 31/2312, SASTHAMANGALAM,
          THIRUVANANTHAPURAM-695010, REPRESENTED BY ITS MANAGING
          DIRECTOR.
    3     THE LAND REVENUE COMMISSIONER
          OFFICE OF THE LAND REVENUE COMMISSIONER,
          THIRUVANANTHAPURAM-695001.
    4     THE SPECIAL TAHSILDAR
          LAND ACQUISITION, THALASSERY, KANNUR DISTRICT,
          PIN-670 101.
          BY ADV SRI.P.U.SHAILAJAN
          SMT. MABLE C. KURIAN (SR. GOVT. PLEADER)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20609 OF 2013
                                       2




                            T.R.RAVI, J.
                       ----------------------------------------
                        WP(C) No. 20609 of 2013
                     -------------------------------------------
             Dated this the 15th day of September, 2022

                            JUDGMENT

The writ petition was filed for a declaration that

Ext.P3 notification and Ext.P5 declaration issued under

Land Acquisition Act have lapsed on 13.10.2011 and that

respondents 3 and 4 have no authority to continue with

the proceedings.

2. When the case was taken up today, it is

submitted by the counsel on either side that, fresh

acquisition proceedings have been initiated under the

Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013

(hereinafter referred to as the 2013 Act). A notification

G.O.(P)No.32/2020/RD dated 24.03.2020 has been placed

before me to evidence the above fact. It is hence

submitted that no further reliefs can be claimed in this

writ petition and the writ petition can be closed with a

direction to the 4th respondent to return the originals of

document No.1254 of 2005, 904 of 2002, 210 of 2007, WP(C) NO. 20609 OF 2013

1465 of 1996, 1464 of 1996 and 497 of 1991 of SRO,

Mattannur to the petitioner.

In view of the subsequent developments this writ

petition is disposed of directing respondents 2 to 4 to

return the originals of the documents numbered 1254 of

2005, 904 of 2002, 210 of 2007, 1465 of 96, 1464 of

1996 and 497 of 1991 of SRO, Mattannur to the petitioner

within one month from the date of receipt of a copy of

this judgment. The disposal of the above writ petition

shall not in any manner prejudice the rights of the

petitioner under the 2013 Act.

Sd/-

T.R. RAVI

JUDGE SK/15.9.

WP(C) NO. 20609 OF 2013

APPENDIX OF WP(C) 20609/2013 PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE COPY OF THE SALE DEED DT.30-4-2005 REGISTERED AS DOCUMENT NO.1254 OF 2005 OF SRO MATTANNUR. EXHIBIT P2 : TRUE COPY OF THE POSSESSION CERTIFICATE DT.9-8-2011 ISSUED BY THE VILLAGE OFFICER, KOLARI VILLAGE TO THE PETITIONER. EXHIBIT P3 : TRUE COPY OF THE NOTIFICATION DT.26-11-2007 ISSUED UNDER SEC.4(1) OF THE LAND ACQUISITION ACT AND PUBLISHED IN MATHRUBHOOMI DAILY ON 2-12-2007.

EXHIBIT P4 : TRUE COPY OF THE FAST TRACK PROJECTS GUIDELINES FOR ACCELERATING LAND ACQUISITION ISSUED AS PER GO(MS) NO.331/2004 RD DT.5-11-2004.

EXHIBIT P5 : TRUE COPY OF THE DECLARATION DT.28-8-2009 PUBLISHED IN KERALA GAZETTE DT.28-8-2009.

EXHIBIT P6 : TRUE COPY OF THE RECEIPT DT.10-8-2011 ISSUED BY THE R4 IN RESPECT OF PROPERTIES IN R.S.NO. 83, 93 AND 30. EXHIBIT P7 : TRUE COPY OF THE RECEIPT DT.10-8-2011 ISSUED BY THE R4 IN RESPECT OF PROPERTY IN R.S. NO. 43/1. EXHIBIT P8 : TRUE COPY OF THE POWER OF ATTORNEY DT.29-8-2011 EXECUTED BY THE PETITIONER IN FAVOUR OF SRI.SHAJI T.V. EXHIBIT P9 : TRUE COPY OF THE AWARD NO.7 OF 2011 DT.29-10-2011 PASSED BY R4.

EXHIBIT P10 : TRUE COPY OF THE LETTER DT.22-7-2013 ISSUED BY R2 TO THE PETITIONER.

EXHIBIT P11 : TRUE COPY OF THE REPLY DT.7-8-2013 ISSUED BY THE PETITIONER TO THE R2.

RESPONDENTS' EXHIBITS EXHIBIT R2(a): TRUE COPY OF THE G.O.(RT) NO. 538/2010/ID DTD 20.04.2010 EXHIBIT R2(b): TRUE COPY OF THE G.O.(RT) 1339/2011/ID DTD 27.10.2011 EXHIBIT R2(C): TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO. 8102/2009 DATED 23.03.2009 EXHIBIT R2(d): TRUE COPY OF THE ORDER DATED 13.4.2012 IN W.P.(C) NO.

8102/2009 EXHIBIT R2(e): TRUE COPY OF THE CHEQUE FOR RS. 61,02,135/- DRAWN IN HER FAVOUR BY THE MANAGING DIRECTOR, KINFRA EXHIBIT R2(f): TRUE COPY OF THE NOTICE ISSUED BY THE ADVISOR (LM), KINFRA, KANNUR ON 22.07.2013 TO THE PETITIONER EXHIBIT R2(g): TRUE COPY OF THE COMPARATIVE STATEMENT PREPARED SHOWING THE LAND ACQUISITION VALUE AND NEGOTIATED LAND VALUE FOR THE PARTICULAR LAND.

TRUE COPY

P.A.TO JUDGE