K.P.Radhakrishnan vs State Of Kerala
2024 Latest Caselaw 15880 Ker

Kerala High Court

K.P.Radhakrishnan vs State Of Kerala on 6 June, 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
     THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                         WP(C) NO.6124 OF 2017
PETITIONER:

          K.P.RADHAKRISHNAN
          AGED 64 YEARS, S/O. PARAMESWARA PANICKER@PACHAN,
          MULAMOOTIL VEEDU, MADATHUVILAKAM MURI,
          THIRUVANANTHAPURAM

          BY ADV SRI.A.CHANDRA BABU


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY,
          SECRETARIAT,THIRUVANANTHAPURAM-695 001.

    2     THE DISTRICT COLLECTOR
          CIVIL STATION, KUDAPPANAKUNNU,
          THIRUVANANTHAPRUAM-695 001.

    3     THE DEPUTY COLLECTORLA
          CIVIL STATION KUDAPPANAKUNNU,
          THIRUVANANTHAPURAM-695 001.

    4     THE SECRETARY
          TRIDA,JAYA MANSON,
          VAZHUTHACAUD,THIRUVANANTHAPRUAM-695 001.


OTHER PRESENT:

          SRI.B.S.SYAMANTAK, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.6124/2017

                                        2



                   P.V. KUNHIKRISHNAN, J.
              ================================
                     WP(C) No.6124 of 2017
             =================================
                 Dated this the 6th day of June, 2024


                                JUDGMENT

The above writ petition is filed with the following prayers:

i) "to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to sent the Exhibit P3 reference application before the reference court within a time frame fixed by this honourable court.

ii) to issue such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case. [sic]

2. The main prayer in this writ petition is to consider the

application submitted by the petitioner under Section 18 of the

Land Acquisition Act, for reference. The petitioner produced

Exhibit P3. If, Exhibit P3 is received and pending and if it is

submitted within the statutory period, before the authorities

concerned, there can be a direction to consider the same within

the time frame.

Therefore, this writ petition is disposed of with the

following directions.

i) The competent authority among the respondents

will find out whether Exhibit P3 is received and pending

and whether the same is submitted within the statutory

period. If so, the same will be considered by the

competent authority and pass appropriate orders in it

within one month from the date of receipt of a copy of

this judgment.

ii) The decision taken shall be communicated to the

the petitioner immediately after passing the order.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE

SLR

APPENDIX OF WP(C) 6124/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE U/S 9(3) OF THE LA ACT DATED 7.2.2011

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF AWARD IN LAC 1/2011 AWARD PASSED U/S12(2) OF THE LA ACT

EXHIBIT P3 TRUE COPY OF THE REFERENCE APPLICATION DATED 12.5.2012

EXHIBIT P4 TRUE COPY OF THE PENDING REFERENCE APPLICATION PENDING BEFORE THE REFERENCE COURT U/S 18 OF THE LAND ACQUISITION ACT