Kerala High Court
P.M.Fisheries vs State Of Kerala on 4 December, 2023
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945
WP(C) NO. 27831 OF 2015
PETITIONER:
P.M.FISHERIES,
REPRESENTED BY ITS MANAGING PARTNER,P.MUSTHAFA,
AGED 48 YEARS
PALAKKAL HOUSE, PERINTHALMANN MUNICIPALITY,
BIG BAZAR, PERINTHALMANNA 679 322
BY ADVS.
SRI.S.RAMESH BABU (SR.)
SRI.K.P.KAMALAKARA BABU
SRI.N.KRISHNA PRASAD
SRI.P.RAVINDRA NATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
AGRICULTURAL (NCA) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 PERINTHALMANNA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
PERINTHALMANNA, MALAPPURAM 679 322.
3 SPECIAL TAHSILDAR LA
GENERAL, MALAPPURAM, 679 322.
BY ADVS.
SRI.P.C.SASIDHARAN, SC, PERINTHALMANNA
MUNICIPALITY
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) 27831/2015
2
BECHU KURIAN THOMAS, J
......................................................
W.P.(C).No.27831 of 2015
...................................................
Dated this the 4th day of December, 2023
JUDGMENT
Sole relief sought for in this writ petition is to take necessary
steps for the acquisition of land sanctioned in Ext.P4 and more
specifically, situated in Survey No.101/1 and 100/2 of
Perinthalmanna Village for the purpose of implementing the
BOT project for the construction of a wholesale fish market.
2. In the counter affidavit filed by the Special Tahsildar, on behalf
of the 3rd respondent, it is stated in paragraph No.4 as follows:
"4.It is submitted that sanction was accorded by the
Government on 30.09.2014 for acquiring the land. In the
meantime Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act 2013
came into force with effect from 01.01.2014. Since rules were
not framed, official respondents were not in a position to
proceed with in the matter. Now that rules have been framed,
further proceedings in the matter will be taken without
delay."
WP(C) 27831/2015
3. The learned counsel for the petitioner submitted that since the
Rules under the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act 2013
[for short, 'the Act'] have already been brought into force, the
writ petition can be disposed of, recording the statement of the
Tahsildar and further proceedings in the matter will be initiated
without delay.
4. Having heard the learned counsel for the petitioner as well as
the learned Standing Counsel for the 2 nd respondent, I am of
the view that as the rules have been framed, no further reliefs
are required to be granted, since it is already submitted that
appropriate proceedings will be initiated without delay.
Accordingly, this writ petition is closed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/04/12/2023
WP(C) 27831/2015
APPENDIX OF WP(C) 27831/2015
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.GO.
(RT) 3862/2010/RD DATED 06.08.2010
ISSUED BY THE GOVERNMENT OF KERALA,
REVENUE (B) DEPARTMENT
EXHIBIT P2 P2:TRUE COPY OF THE ORDER DATED
01.03.2010
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
20.03.2014 IN WPC.NO.28419/2013
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 05.09.2014
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED
19.08.2015.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
11.10.2022 IN CIVIL APPEAL NO.
RESPONDENTS
ANNEXURES
ANNEXURE R3(a) COPY OF THE LETTER DATED 23.01.2016
ANNEXURE R3(b) COPY OF THE REMINDER DATED 06.02.2016
ANNEXURE R3(c) COPY OF THE REPORT
ANNEXURE R3(d) COPY OF THE COMMUNICATION ISSUED ON
05.03.2016.
EXHIBIT R2(a) COPY OF THE LETTER DATED 18.09.2014 BY
THE MUNICIPAL SECRETARY TO THE SUB
COLLECTOR
EXHIBIT R2(b) COPY OF THE LETTER DATED 27.07.2015 BY
THE SPECIAL TAHSILDAR (LA) GENERAL,
MALAPPURAM.
EXHIBIT R3(a) COPY OF THE JUDGMENT PASSED BY THIS
HONOURABLE COURT ON 11.06.2012 IN W.P.
(C) NO.38108/2010.
TRUE COPY
