K P Sathar vs The Managing Director, Kinfra
2023 Latest Caselaw 10440 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

             THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

         SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945

                            WP(C) NO. 31912 OF 2023

PETITIONER/S:

             K P SATHAR
             AGED 63 YEARS
             S/O ABUBACKER HAJI, RESIDING AT SHARAFIYA, PANNYAMKANDI,
             KOLACHERY P O, KANNUR DISTRICT, PIN - 670601
             BY ADVS.
             M.K.SUMOD
             VIDYA M.K.
             RAJ CAROLIN V.
             THUSHARA.K


RESPONDENTS:

     1       THE MANAGING DIRECTOR, KINFRA
             OFFICE OF THE KINFRA, KINFRA ROAD, NEAR SBI, SASTHAMANGALAM P O,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695010
     2       THE DISTRICT COLLECTOR
             OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, SOUTH BAZAAR,
             KANNUR, PIN - 670002
     3       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT
             OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

             BY G.P. SRI. SREEJITH.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31912 OF 2023
                              2

                          JUDGMENT

The property of the petitioner was included in Ext.P4

notification issued under Section 11 of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013. The petitioner

did not raise any objection to the notification. However, the

petitioner's property has been subsequently excluded from

acquisition. The petitioner submits that the acquisition of

the neighbouring properties and exclusion of his property

from acquisition would affect the ingress to and egress from

his property. Accordingly, the petitioner has preferred

Ext.P5 representation before the 2nd respondent which has

been made over to the 1st respondent as evident from Ext.P6

communication of the 2nd respondent. The limited prayer of

the petitioner is for consideration of Ext.P5 by the 1 st

respondent.

2. Heard the learned counsel for the petitioner, the

learned Government Pleader for respondents 2 and 3 and

the learned Standing counsel for the 1st respondent. WP(C) NO. 31912 OF 2023

In the facts and circumstances of the case and having

regard to the submissions made across the Bar, there will be

a direction to the 1st respondent to consider Ext.P5 as

expeditiously as possible, at any rate, within a period of two

months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

WP(C) NO. 31912 OF 2023

APPENDIX OF WP(C) 31912/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TITLE DEED AS PER DOC NO 557/1998 OF SRO MATTANNUR DATED 09/03/1998 Exhibit P2 TRUE COPY OF THE TITLE DEED AS PER DOC NO.

558/1998 OF SRO MATTTANNUR DATED 09/03/1998 Exhibit P3 TRUE COPY OF THE RECEIPT WITH NO.

KL13031510458/2023 ISSUED BY THE KEEZHALUR VILLAGE OFFICE DATED 20/9/2023 Exhibit P4 TRUE COPY OF THE NOTIFICATION AS SRO NO.

128/2021 WAS PUBLISHED IN THE KERALA GAZETTE DATED 05/02/2021 Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NIL DATED BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE LETTER WITH REF NO.

DCKNR/2735/2022-C5 DATED 05/05/2023 NOTIFYING THE PETITIONER ISSUED BY THE 2ND RESPONDENT