Jose vs The Special Land Acquisition Officer & ...
2024 Latest Caselaw 4814 Ker

Kerala High Court

Jose vs The Special Land Acquisition Officer & ... on 7 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA,
                            1945
                  WP(C) NO. 21080 OF 2013
PETITIONER:

          JOSE, S/O.PAYYAPPILLY DEVASSY, JUMNA NAGAR,
          KORATTY P.O., THRISSUR DT.
          BY ADVS.
          SRI.K.G.BALASUBRAMANIAN
          SMT.AMBILY PREMKUMAR


RESPONDENTS:

   1      THE SPECIAL LAND ACQUISITION OFFICER &
          COMPETENT AUTHORITY
          NATIONAL HIGHWAYS DEVELOPMENT PROJECT,
          CHEMBUKKAVU, THRISSUR-689001.
   2      STATE OF KERALA, REPRESENTED BY THE
          SECRETARY, MINISTRY OF REVENUE, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
   3      THE NATIONAL HIGHWAY AUTHORITY OF INDIA
          CHANDRA NAGAR 678007, PALAKKAD DISTRICT.
          BY ADVS.
          GOVERNMENT PLEADER
          SRI.THOMAS ANTONY
OTHER PRESENT:

          SRI BS SYAMANTHAK, GP
THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P(C).21080/2013
                                           2



                 P. V. KUNHIKRISHNAN, J.
              -------------------------------------------
                  W.P(C).No.21080 of 2013
              -------------------------------------------
           Dated this the 7th day of February, 2024

                              JUDGMENT

The above Writ Petition is filed with the following prayers:

A. Issue a writ of Certiorari or such other Writ, Order or Direction as this Hon'ble Court may deem fit and quash Ext.P5 and direct the 1 st respondent to determine the amount of compensation for land acquired from the petitioner and award the same to him or B. Alternately, to direct the 1st respondent to refer question of entitlement to land value for land acquired from the petitioner and refer the same to District Court, Thrissur C. Such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case.

[SIC]

2. When this Writ Petition came up for consideration on

05.01.2024, it is submitted that the petitioner is no more.

Therefore, this Court granted time to take steps and the case was W.P(C).21080/2013

listed on 29.01.2024. On that day also, this Court granted time till

today. Today also, no steps are taken. Therefore, this Writ Petition

need not be retained here. The right, if any, of the legal heirs of the

deceased petitioner are left open.

Therefore, this Writ Petition is closed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/ W.P(C).21080/2013

APPENDIX OF WP(C) 21080/2013

PETITIONER EXHIBITS EXHIBIT P1 : TRUE COPY OF THE ORDER NO.B3-46612/2006 DT.26-12-2006.

EXHIBIT P2 : TRUE COPY OF THE JUDGMENT DT.8-6-2009 IN WPC 7659/2009.

EXHIBIT P3 : TRUE COPY OF THE ORDER DT.2-4-2011 IN OP 264/2010 (LAND ACQUISITION) IN THE DISTRICT COURT, THRISSUR.

EXHIBIT P4 : TRUE COPY OF THE JUDGMENT DT.21-3-2013 IN WPC 5630/2012.

EXHIBIT P5 : TRUE COPY OF THE PROCEEDINGS NO.A3-493/12 DT.29-7-2013 R1.