Anju Das vs The District Collector
2023 Latest Caselaw 465 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                       WP(C) NO. 41918 OF 2022


PETITIONER:

          ANJU DAS
          AGED 45 YEARS, W/O.THULASIDAS,
          SUHRUTHA, TC/10/2, CIT ROAD,
          KILLIPALAM, KARAMANA P.O,
          THIRUVANANTHAPURAM DISTRICT,
          PIN - 695002

          BY ADVS.
          SRI.M.KIRANLAL
          SRI.MANU RAMACHANDRAN
          SRI.R.RAJESH (VARKALA)
          SRI.SAMEER M NAIR
          SMT.GEETHU KRISHNAN
          SMT.SAILAKSHMI MENON



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, THIRUVANANTHAPURAM.
          THIRUVANANTHAPURAM DISTRICT,
          PIN - 695001

    2     SPECIAL THAHASILDAR
          OFFICE OF SPECIAL THAHASILDAR (LA)
          NATIONAL HIGHWAY, PMG,
          THIRUVANANTHAPURAM DISTRICT,
          PIN - 695001

          SRI.BIMAL K.NATH, SR.GOVT.PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41918 OF 2022
                                   2



                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No.41918 of 2022
               --------------------------------------------
               Dated this the 11th day of January, 2023

                              JUDGMENT

This writ petition has been filed seeking a direction to the 2 nd

respondent to conduct an enquiry for reappreciating the value of the

petitioner's property that has been acquired. Ext.P1 is the intimation

regarding the award, wherein it is stated that a sum of ₹39,57,091/-

has been credited to the Bank account of the petitioner held with

State Bank of India, Karamana. The said letter is dated 22.04.2022.

The petitioner has preferred Ext.P2 on 30.05.2022 before the 2 nd

respondent, who has passed the award, seeking re-evaluation of the

structure and the property.

2. The Government Pleader submits that the remedy of the

petitioner, if she is aggrieved by the amount awarded, is to approach

the appropriate authority by way of a reference under Section 64 of

the Land Acquisition Act. It is submitted that the 2 nd respondent who

has passed the award, can no longer consider the issue.

I find considerable force in the contention raised by the

Government Pleader. The direction sought for cannot be granted, WP(C) NO. 41918 OF 2022

since the 2nd respondent is not empowered to consider the application

and pass any orders. In such circumstances, this writ petition is

dismissed without prejudice to the right of the petitioner to move an

appropriate application, if the petitioner is aggrieved by the amount

awarded.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 41918 OF 2022

APPENDIX OF WP(C) 41918/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE INTIMATION DATED 20.04.2022 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 30.05.2022