M U Paily S/O Kuriakose vs State Of Kerala Rep. By Its ...
2023 Latest Caselaw 3910 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
       THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                              WP(C) NO. 9492 OF 2023
PETITIONER:

                  M U PAILY S/O KURIAKOSE
                  AGED 89 YEARS
                  NADUKUDIYIL HOUSE, MULAVOOR PO, MULAVOOR VILLAGE,
                  MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686672

                  BY ADVS.
                  SHYSON P.MANGUZHA
                  BIJU GEORGE
                  PAUL S. MANGUZHA
                  AUGUSTUS S. MANGUZHA


RESPONDENTS:

       1          STATE OF KERALA REP. BY ITS SECRETARY
                  PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT
                  THIRUVANANTHAPURAM., PIN - 695001

       2          DISTRICT COLLECTOR, ERNAKULAM
                  CIVIL STATION, KAKANADU, ERNAKULAM., PIN - 682021

       3          THE SPECIAL TAHSILDAR (LA)
                  NH NO-1, CIVIL STATION, KAKANADU, ERNAKULAM, PIN -
                  682021

       4          THE PROJECT DIRECTOR (P.M.U.)
                  KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM, PIN -
                  695001

       5          THE EXECUTIVE ENGINEER,KERALA ROAD FUND BOARD, (P.M.U),
                  MUVATTUPUZHA- IDUKKI DIVISION, P.W.D OFFICE COMPLEX,
                  THODUPUZHA, PIN - 685584


 OTHER PRESENT:

                  SRI KV MANOJ KUMAR SC SRI BIMAL K NATH SR GP


THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.9492/2023                     2




                             JUDGMENT

The petitioner is a tenant in respect of a building in Ward No.21

of Muvattupuzha Municipality. The building in question is proposed

to be acquired for development of the Muvattupuzha Town from

Velloorkunnam Junction to Post Office Junction. The petitioner has

preferred Ext.P6 representation claiming the benefit of Rehabilitation

and Resettlement package in terms of the provisions contained in the

Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013. The petitioner prays that

a direction may be issued to the competent authority among

respondents to consider Ext.P6 within a time frame.

2. The learned Senior Government Pleader would submit

that Ext.P6 can be considered by the 3 rd respondent within a time

frame to be fixed by this Court.

Having heard the learned counsel for the petitioner and the

learned Senior Government Pleader appearing for respondents 1 to 3

and the learned Standing Counsel appearing for respondents 4 and 5,

this writ petition will stand disposed of directing the 3 rd respondent to

consider and pass orders on Ext.P6, after affording an opportunity of

hearing to the petitioner within a period of one month from the date

of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 9492/2023

PETITIONER EXHIBITS

Exhibit - P1 TRUE COPY OF THE RENEWED LEASE AGREEMENT DATED 08. 1 1.2019 EXECUTED BETWEEN THE LAND LORD AND THE PETITIONER

Exhibit- P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 02.06.2007 ISSUED FROM THE COMMERCIAL TAX OFFICER (VAT) MUVATTUPUZHA

Exhibit- P3 TRUE COPY OF THE REGISTRATION CERTIFICATE NO SH070820012610 DATED 24.11.2018 ISSUED FROM THE ASSISTANT LABOUR OFFICER MUVATTUPUZHA

Exhibit- P4 TRUE COPY OF THE RENEWED LICENSE DALED

27.O2.2023 ISSUED FROM THE MUVATTUPUZHA MUNICIPALITY

Exhibit- P5 TRUE COPY OF THE LETTER DATED 15.12.2022 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT SEEKING ASSISTANCE FOR TAKING POSSESSION OF THE ACQUIRED PROPERTY

Exhibit- P6 TRUE COPY OF THE REPRESENTATION DATED 16.02.2023 FRLED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS