Shajil Kumar C S vs The Sepcial Tahsildar (La)
2024 Latest Caselaw 13299 Ker

Kerala High Court

Shajil Kumar C S vs The Sepcial Tahsildar (La) on 23 May, 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 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      WP(C) NO. 40838 OF 2017




PETITIONER:

             SHAJIL KUMAR C S
             S/O. SHANMUGAN, CHETTIPARAMBIL HOUSE,
             THYKODAM,VYTILLA, KOCHI.
             BY ADVS.
             SRI.ANIL THOMAS (MELEMALAYIL)
             SRI.JOSE TOM C. KANDATHIL

RESPONDENTS:

      1      THE SEPCIAL TAHSILDAR (LA)
             NATIONAL HIGHWAY NO. 3, KAKKANAD,
             ERNAKULAM DISTRICT.
      2      THE DISTRICT COLLECTOR
             ERNAKULAM, OFFICE OF THE DISTRICT COLLECTOR,
             ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM.
      3      THE MANAGING DIRECTOR
             KMRL, KOCHI.
      4      STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF
             LAND REVENUE, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM.
             BY ADVS.
             SRI.K.JAJU BABU (SR.)
             SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD.
             SRI.ASWIN SETHUMADHAVAN, SR.G.P


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.40838/2017

                                     2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.40838 of 2017
             ----------------------------------------------
            Dated this the 23rd day of May, 2024


                           JUDGMENT

This writ petition is filed with following prayers:

i. A writ of certiorari or such other writ, direction or order quashing Ext. P-3 order passed by the 1 st respondent.

ii. A writ of declaration or such other writ, direction or order declaring that the petitioners are entitled to the compensation under the compensation scheme formulated for KMRI project. iii. A writ of mandamus or such other writ, direction or order directing the respondents to pay compensation to the petitioner. iv. Such other writ, direction or order prayed by the petitioners pendante lite and as this Hon'ble Court deems fit, just and proper in the facts and the circumstances of the case.

(SIC)

2. When this writ petition came up for consideration,

the Standing Counsel for the 3rd respondent submitted that if

there is any grievance to the petitioner, he has to approach the

2nd respondent or the requisition authority. The petitioner

submitted the representation before the 1st respondent.

3. If that be the case, this writ petition need not be

retained here. The petitioner can approach the 2nd respondent

or the requisition authority with appropriate representation

raising his grievance raised in this writ petition and if such a

representation is received, the competent authority will

consider the same in accordance with law, with notice to the

petitioner and other affected parties.

With the above observation, this writ petition is disposed

of.

sd/-

                                         P.V.KUNHIKRISHNAN
JV                                              JUDGE






                 APPENDIX OF WP(C) 40838/2017

PETITIONER EXHIBITS
EXHIBIT P1        TRUE COPY OF THE MONEY LENDING LICENSE
                  DATED    28.07.09    ISSUED   TO    THE
                  PETITIONER.
EXHIBIT P2        TRUE COPY OF THE MONEY LENDING LICENSE
                  DATED    25.01.13    ISSUED   TO    THE
                  PETITIONER.
EXHIBIT P3        THE   ORDER   A5/1023/15/(D.P.C.63/150)
                  DATED 08.10.15 PASSED BY THE 1ST
                  RESPONDENT.
EXHIBIT P4        TRUE COPY OF THE REPRESENTATION OF THE

PETITIONER TO THE 1ST RESPONDENT.