Koyyodanjanaki vs The Special Tahsildar (La)
2024 Latest Caselaw 32101 Ker

Kerala High Court

Koyyodanjanaki vs The Special Tahsildar (La) on 7 November, 2024

                                                      2024:KER:83312

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

   THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                       WP(C) NO. 27114 OF 2019

PETITIONER:

          KOYYODAN JANAKI,
          AGED 68 YEARS,
          W/O.RAGHAVAN NEAR KANNANGAT TEMPLE,
          P.O.RAMANTHALI, KANNUR DISTRICT.


          BY ADVS.
          M.SASINDRAN
          SRI.SATHEESHAN ALAKKADAN




RESPONDENTS:

    1     THE SPECIAL TAHSILDAR (LA),
          LAND ACQUISITION, EZHIMALA NAVAL ACADEMY PROJECT,
          PAYYANNUR, KANNUR DISTRICT-670307.

    2     THE DISTRICT COLLECTOR,
          KANNUR-670001.


          BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

          SMT.SONY.K.B


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.27114 of 2017            2                  2024:KER:83312

                             JUDGMENT

The petitioner points out that she was having some

properties in re-survey no. 73/1 of Ramanthali Village, which was

acquired by the State for the purpose of Naval Academy, Ezhimala.

Some compensation was also provided to the petitioner by the

respondents herein and the compensation was received by the

petitioner's father, under the protest. Thereafter, the petitioner

and the other legal heirs submitted an application under Section

28A of the Land Acquisition Act, 1894, seeking enhancement. It is

pointing out that the application filed as above (Ext.P1) is not being

disposed of, that the captioned writ petition is filed by the

petitioner.

2. I have heard Sri. M.Sasindran, the learned counsel

for the petitioner and Smt. Sony K.B., the learned Government

Pleader.

3. It is seen that a statement dated 06.12.2019 is

filed on behalf of the 1 st respondent herein, essentially pointing out

that the application under Section 28A presented by the petitioner

has been already disposed of as per order reference no. G-3542/15

dated 04.05.2018. The learned counsel for the petitioner, however,

points out that the copy of the afore order is not served on the

petitioner till date.

W.P.(C)No.27114 of 2017 3 2024:KER:83312

In such circumstances, this writ petition would stand

disposed as under:

i. The 1st respondent, to provide a copy of the order

dated 04.05.2018 referred to above, to the

petitioner within a period of one month from the

date of receipt of a copy of this judgment.

ii. If the office of the 1st respondent is not functional

as of now, the 2nd respondent to trace out the files

and hand over a copy of the afore order within a

period of three weeks thereafter.

iii. The petitioner would be entitled to challenge the

order dated 04.05.2018 in accordance with law.

Sd/-

HARISANKAR V. MENON JUDGE ANA W.P.(C)No.27114 of 2017 4 2024:KER:83312

APPENDIX OF WP(C) 27114/2019

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE APPLICATION DATED 24.11.2015 SUBMITTED BY THE PETITIONER AND HER BROTHERS AND SISTER UNDER SECTION 28A OF THE LAND ACQUISITION ACT.

EXHIBIT P2 A TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 26.10.2015 IN L.A.R.NO.23/2014 ON THE FILES OF COURT OF SUBORDINATE JUDGE, PAYYANNUR.