Kerala High Court
Radhakrishnan Nair vs The State Of Kerala on 15 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) NOs. 24814 & 24836 OF 2024
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2024:KER:76154
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 15TH DAY OF OCTOBER 2024 / 23RD ASWINA, 1946
WP(C) NO. 24814 OF 2024
PETITIONER:
RADHAKRISHNAN NAIR
AGED 69 YEARS
SON OF LATE MR. C.N BALAKRISHNAN NAIR,
REVATHY, NEAR NGO QUARTERS,
MUVATTUPUZHA, PIN - 686673
BY ADVS.
ANIL S.RAJ
RADHIKA RAJASEKHARAN P.
K.N.RAJANI
ANILA PETER
SIMI S. ALI
ARSHID.M.S.
BAHADUR SHAH ANAKKOT NASIRALI
SARITHA K.S.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE REVENUE SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
ERNAKULAM CIVIL STATION, KAKKANAD,
WP(C) NOs. 24814 & 24836 OF 2024
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KOCHI, PIN - 682030
3 THE SPECIAL TAHSILDAR (LA)
NH NO: 1, 2ND FLOOR, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 683030
BY SRI.RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.10.2024, ALONG WITH WP(C).24836/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 24814 & 24836 OF 2024
3
2024:KER:76154
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 15TH DAY OF OCTOBER 2024 / 23RD ASWINA, 1946
WP(C) NO. 24836 OF 2024
PETITIONER:
MURALIDHARAN NAIR
AGED 59 YEARS
SON OF LATE MR. C.N BALAKRISHNAN NAIR,
LAKSHMI NIVAS, RACKAD, MEKKADAMPU P.O,
PIN - 682316
BY ADVS.
ANIL S.RAJ
K.N.RAJANI
RADHIKA RAJASEKHARAN P.
ANILA PETER
SIMI S. ALI
ARSHID.M.S.
BAHADUR SHAH ANAKKOT NASIRALI
SARITHA K.S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE REVENUE SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
WP(C) NOs. 24814 & 24836 OF 2024
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2 THE DISTRICT COLLECTOR
ERNAKULAM CIVIL STATION,
KAKKANAD, KOCHI, PIN - 682030
3 THE SPECIAL TAHSILDAR (LA)
NH NO: 1, 2ND FLOOR, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 683030
BY SRI.RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.10.2024, ALONG WITH WP(C).24814/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 24814 & 24836 OF 2024
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2024:KER:76154
JUDGMENT
These writ petitions are connected. The properties
belonging to the petitioners were acquired for the construction of
a bypass road connecting Junction No.130 in Muvattupuzha M.C.
Road to Kadathy Kurianmala in National Highway 49 and award
was passed. Dissatisfied with the compensation determined in
the award, the petitioners preferred Ext.P5 application in both
cases under Section 64 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (for short 'the Act, 2013') before the 2 nd
respondent.
2. The limited prayer in these writ petitions is to give a
direction to the 2nd respondent to dispose of Ext.P5 application in
both cases.
Having heard Sri.Anil S.Raj, the learned counsel for the
petitioners and Sri.Rajeev Jyothish George, the learned
Government Pleader, these writ petitions are disposed of with a
WP(C) NOs. 24814 & 24836 OF 2024
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direction to the 2nd respondent to dispose of Ext.P5 application in
both cases, in accordance with law, after hearing the petitioners,
within a period of one month from the date of receipt of a copy of
this judgment.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
WP(C) NOs. 24814 & 24836 OF 2024
2024:KER:76154
APPENDIX OF WP(C) 24814/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PARTITION DEED NO:
6980/2006 OF MUVATTUPUZHA SUB REGISTRY
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT BEARING
NO:KL07071109276/2023 DATED 15.9.2023
ISSUED BY THE MARADI VILLAGE OFFICER TO
THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE AWARD BEARING NO: 36/23
IN LAC NO: 36/23 PASSED BY THE 3RD
RESPONDENT DATED 9.2.2024
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT DATED 11.4.2024
EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER TO THE 2ND RESPONDENT
DATED 3.5.2024
EXHIBIT P6 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT
CARD EVIDENCING RECEIPT OF EXHIBIT P5 BY
THE 3RD RESPONDENT
EXHIBIT P7 TRUE COPY OF THE REPLY ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER DATED
25.5.2024
WP(C) NOs. 24814 & 24836 OF 2024
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APPENDIX OF WP(C) 24836/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PARTITION DEED NO:
6980/2006 OF MUVATTUPUZHA SUB REGISTRY
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT BEARING
NO:KL07071108203/2023 DATED 8.8.2023
ISSUED BY THE MARADI VILLAGE OFFICER TO
THE PETITIONER
EXHIBIT P3 TRUE COPY OF POSSESSION CERTIFICATE NO:
81634801 DATED 8.11.2023 ISSUED BY THE
MARADI VILLAGE OFFICE TO THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE AWARD BEARING NO: 37/23
IN LAC NO: 37/23 PASSED BY THE 3RD
RESPONDENT DATED 10.1.2024
EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER TO THE 2ND RESPONDENT
DATED 6.5.2024
EXHIBIT P6 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT
CARD EVIDENCING RECEIPT OF EXHIBIT P5 BY
THE 3RD RESPONDENT
EXHIBIT P7 TRUE COPY OF THE REPLY ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER DATED
25.5.2024
