V.P.George vs The Deputy Commissioner
2023 Latest Caselaw 3724 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
          THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                            WA NO. 451 OF 2023
 AGAINST THE JUDGMENT DATED 15.02.2017 IN WP(C) 2345/2005 OF
                           HIGH COURT OF KERALA
APPELLANT/PETITIONER:

               V.P.GEORGE, AGED 62 YEARS, S/O.PATHROSE,VARIKLAYIL
               HOUSE, VEETTOOR, NELLAD P.O., MUVATTUPUZHA,
               ERNAKULAM DISTRICT.

               BY ADV T.A.UNNIKRISHNAN


RESPONDENTS/RESPONDENTS:

    1          THE DEPUTY COMMISSIONER, LAND REVENUE, GOVERNMENT OF
               KERALA, THIRUVANANTHAPURAM, PIN-695 001.

    2          THE DISTRICT COLLECTOR,
               ERNAKULAM, PIN-682 030.

    3          THE SPECIAL TAHSILDAR,
               (LAND ACQUISITION), NATIONAL HIGHWAY NO.1,
               ERNAKULAM, PIN-682 030.

    4          KINFRA, REPRESENTED BY ITS MANAGING DIRECTOR,
               THIRUVANANTHAPURAM, PIN-695 001.

    5          MAZHUVANOOR GRAMA PANCHAYAT,
               REPRESENTED BY ITS SECRETARY, MAZHUVANOOR,ERNAKULAM
               DISTRICT, PIN-683 541.

           BY ADV SHRI.P.U.SHAILAJAN, SC, KINFRA


        THIS     WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 451 OF 2023

                                    ..2..


                     J U D G M E N T

A. Muhamed Mustaque, J

This appeal was filed by the writ petitioner.

The writ petition was dismissed. The challenge

was against the 4(1) notification under the

Kerala Land Acquisition Act, 1894. The writ

petition was filed in the year 2005. It seems

that the award was passed as early as on

10.03.2005. Though many arguments have been

raised before the learned Single Judge, all the

arguments have been turned down.

2. The learned counsel for the appellant

submits that the entire proceedings deemed to

have been lapsed in the light of Section 24(1) of

the Right to Fair Compensation and Transparency

in Land Acquisition , Rehabilitation and

Resettlement Act, 2013 (for short the "Act").

The learned Standing Counsel also addressed this

issue.

3. It is to be noted that the challenge

that was not made before this Court based on WA NO. 451 OF 2023

..3..

Section 24(1) of the Act. The learned counsel

for the appellant now seeks liberty to challenge

the proceedings based on Section 24(1) and (2) of

the Act. If that be the case, we allow the

appellant to challenge the proceedings, if any

cause of action is available to him under law in

terms of Section 24(1) and (2) of the Act.

Accordingly, the impugned order is set aside to

the extent as above.

4. It is made clear that notwithstanding

all these challenges, the appellant is free to

move the Civil Court for claiming the amount

lying in deposit before the Civil Court on a

reference under 31(2) of the Act, provided that

he has necessary title to the land acquired.

This writ appeal is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE PR