Sasidharan C.D vs State Of Kerala
2023 Latest Caselaw 4683 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                          WP(C) NO. 13257 OF 2023
PETITIONER:

            SASIDHARAN C.D.
            AGED 82 YEARS, S/O DAMODHARAN,
            REMA NILAYAM, VALAMANGALAM SOUTH, THURAVOOR P.O.,
            CHERTHALA, ALAPPUZHA - 688 532,
            REPRESENTED BY THE POWER OF ATTORNEY HOLDER,
            ASWATHY R.R., AGED 37 YEARS, D/O SASIDHARAN C.D.,
            REMA NILAYAM, VALAMANGALAM SOUTH, THURAVOOR P.O.,
            CHERTHALA, ALAPPUZHA, PIN - 688 532.

            BY ADV C.Y.VINOD KUMAR


RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001.

     2      THE DISTRICT COLLECTOR
            CIVIL STATION, ALAPPUZHA, PIN - 688 001.

     3      SPECIAL TAHSILDAR (LA) (NH)
            OFFICE OF THE SPECIAL TAHSILDAR,
            CHERTHALA, ALAPPUZHA, PIN - 688 524.

     4      SPECIAL DEPUTY COLLECTOR
            OFFICE OF THE SPECIAL TAHSILDAR,
            CHERTHALA, ALAPPUZHA, PIN - 688 524.

     5      TAHSILDAR
            CHERTHALA TALUK, TALUK OFFICE,
            CHERTHALA, ALAPPUZHA, PIN - 688 524.

     6      THE VILLAGE OFFICER
            CHERTHALA NORTH VILLAGE OFFICE, KODATHIKAVALA,
            CHERTHALA, ALAPPUZHA, PIN - 688 524.

            BY ADV. SMT. C S SHEEJA (SR GP)

     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13257 OF 2023          2




                          JUDGMENT

Petitioner has approached this Court stating that

out of the two cents of property belonging to the

petitioner about one cent of land was acquired for the

purposes of the National Highway in the year 1992-1993

and Ext.P1 award was issued in respect of the same. It

is submitted that after the aforesaid acquisition, the

petitioner was in ownership and possession of the

balance extent of about one cent and in respect of

which, the National Highway Authority had issued

Ext.P6 notice, proposing to take over the balance one

cent of land. According to the petitioner no award has

been passed in respect of the said land and therefore

the petitioner has approached the 4th respondent with

Ext.P7 representation.

2. The learned counsel appearing for the

petitioner submits that the 4th respondent may be

directed to consider Ext.P7 representation submitted by

the petitioner within a time frame to be fixed by this

Court.

3. The learned Senior Government Pleader

points out that Ext.P7 is filed before the Sub Collector

and not before the 4th respondent.

4. The learned counsel for the petitioner submits

that though Ext.P7 is seen addressed to the Sub

Collector, it is actually filed before the 4th respondent.

Having heard the learned counsel appearing for the

petitioner and the learned Senior Government Pleader

appearing for the respondents, this writ petition will

stand disposed of directing the 4th respondent to

consider and pass orders on Ext.P7, within a period of

two months from the date of receipt of a certified copy

of this judgment and after affording an opportunity of

hearing to the petitioner. It is made clear that if any

award has already been passed in respect of the

property in question, a copy of the said award shall also

be issued to the petitioner.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 13257/2023

PETITIONER'S EXHIBITS

Exhibit P1 COPY OF THE AWARD DATED 07/03/94 ISSUED BY THE 3RD RESPONDENT

Exhibit P2 COPY OF THE LAND TAX RECEIPT DATED 19/12/2020

Exhibit P3 COPY OF THE KRAYA CERTIFICATE DATED 26/12/17 ISSUED BY THE LAND TRIBUNAL, CHERTHALA

Exhibit P4 COPY OF THE POSSESSION CERTIFICATE DATED 08/01/2021 ISSUED FROM THE CHERTHALA NORTH VILLAGE OFFICE

Exhibit P5 COPY OF THE COMMUNICATION DATED 03/02/15 ISSUED BY THE ADDITIONAL TAHSILDAR, CHERTHALA TO THE 3RD RESPONDENT

Exhibit P6 COPY OF THE NOTICE DATED 10/09/2021 ISSUED BY THE 4TH RESPONDENT

Exhibit P7 COPY OF THE REPRESENTATION DATED 26/10/22 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT