Kerala High Court
Madhukumar B vs The District Collector on 10 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.24827/2024
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2024:KER:75312
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 24827 OF 2024
PETITIONER:
MADHUKUMAR B, AGED 65 YEARS
S/O BALAKRISHNAN NAIR, AHALYA, KURISSUMOODU P.O.,
CHANGANASSERY, VAZHAPPALLY EAST, KOTTAYAM-- 686104
BY ADVS.P.SATHISAN
JAVED HAIDER
ABHIRAM SUNISH
SHIBU B.S
BIJU P.PAUL
SOORYA MARIYA KURIAN
AAFINA SANTHOSH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOTTAYAM, KOTTAYAM - KUMILY RD, COLLECTORATE,
KOTTAYAM, KERALA, PIN - 686002
2 THE DEPUTY COLLECTOR (LA)
KOTTAYAM, CIVIL STATION, KOTTAYAM - KUMILY RD,
COLLECTORATE, KOTTAYAM, KERALA, PIN - 686002
3 THE SPECIAL TAHSILDAR LA (KIIFB)
KOTTAYAM, KULASEKHARA MANGALAM VILLAGE OFFICE
COMPOUND, MARAVANTHURUTHU P.O., VAIKOM- 686608
4 THE TAHSILDAR
CHANGANASSERY TALUK OFFICE, KACHERY RD, OPPOSITE
GOVERNMENT MODEL HSS, CHANGANASSERY, KERALA-, PIN
- 686101
5 THE TALUK SURVEYOR, CHANGANASSERY TALUK OFFICE,
KACHERY RD, OPPOSITE GOVERNMENT MODEL HSS,
CHANGANASSERY, KERALA PIN - 686101
W.P.(C).No.24827/2024
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6 THE VILLAGE OFFICER
VAZHAPPILLY EAST VILLAGE CHANGANACHERRY. NEAR
MATHUMOOLA JUNCTION. VAZHAPPILLY. KERALA-, PIN -
686103
SMT.DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.24827/2024
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JUDGMENT
The property of the petitioner having an extent of 0.91
cents situated in Sy.No.11/3-1 in Block No.63 of Changanassery
Taluk, Vazhapally East Village was acquired for the purpose of
constructing flyover. The extent of property acquired has been
stated in Ext.P5 notice issued under Section 21 of the Central Act
30 of 2013. An award has been passed and compensation
amount has already been deposited. The grievance of the
petitioner is that the property belonging to him having an extent
of 2.96 cents has been acquired whereas award has been passed
for an extent of 0.91 cents only. It is in these circumstances, the
petitioner has approached this Court.
2. I have heard Sri. Sathisan P., the learned
counsel for the petitioner and Smt. Deepa V., the learned
Government Pleader.
The learned Government Pleader on instructions submits
that what has been acquired is only 0.91 cents shown in Ext.P5.
The learned counsel for the petitioner submits that the
submission of the learned Government Pleader that the
acquisition is in respect of 0.91 cents may be recorded.
2024:KER:75312
Accordingly, it is recorded. Hence, this writ petition is closed with
liberty to the petitioner to approach the appropriate authority if
there is any surviving dispute.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2024:KER:75312
APPENDIX OF WP(C) 24827/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROPERTY TAX RECEIPT
HAVING NO.KL05011202436/2024 DATED
25.05.2024 ISSUED BY VAZHAPALLY EAST
VILLAGE IN RELATION TO THE PROPERTY
Exhibit P2 TRUE COPY OF THE POSSESSION AND NON-
ATTACHMENT CERTIFICATE NO.84210338 DATED
19.03.2024
Exhibit P3 TRUE COPY OF THE TITLE DEED OF THE
PROPERTY HAVING NO. 425 OF 2011 DATED
21.02.2011 OF CHANGHANASSERRY SRO
Exhibit P4 TRUE COPY OF THE NOTIFICATION UNDER
SECTION 11 OF ACT 30 OF 2013 DATED
24.07.2022 PUBLISHED IN DESHABHIMANI
DAILY NEWSPAPER ON 12.08.2023
Exhibit P5 TRUE COPY OF THE NOTICE NO.B2-
47/2020/KIFBKTM(LAC.17/2024) DATED
26.02.2024 ISSUED UNDER SECTION 21 OF
ACT 30 OF 2013
Exhibit P6 TRUE COPY OF THE LETTER/ OBJECTION
ISSUED BY PETITIONER DATED 23.04.2024
Exhibit P7 TRUE COPY OF THE LETTER/ OBJECTION
SUBMITTED BY THE PETITIONER DATED
26.04.2024
Exhibit P8 TRUE COPY OF THE SURVEY PLAN
