Kerala High Court
Krishna Kumar vs State Of Kerala on 22 October, 2024
Author: P Gopinath
Bench: A.K.Jayasankaran Nambiar, P Gopinath
W.P.(C).No.19948/24 :: 1 ::
2024:KER:78436
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 22ND DAY OF OCTOBER 2024/30TH ASWINA, 1946
W.P(C).NO.19948 OF 2024
PETITIONER(S):
1 KRISHNA KUMAR
AGED 56 YEARS
SON OF CHANDRASEKHARAN NAIR, PIONEER COTTAGE,
PATHANAMTHITTA P.O, KOZHENCHERY TALUK,
PATHANMATHITTA DISTRICT, PIN - 689645
2 SAJI KOSHY GEORGE
AGED 51 YEARS
SON OF KOSHY GEORGE, KARAYAMVATTATHU VEETTIL,
NANNUVAKKAD MURI, PATHANAMTHITTA P.O, KOZHENCHERY
TALUK, PATHANAMTHITTA DISTRICT, PIN - 689645
3 SUBHASH V GEORGE
AGED 44 YEARS
SON OF GEORGE VADAKKEVEETIL, PATHANAMTHITTA VILLAGE,
KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689645
4 MURALEEDHARAN
AGED 48 YEARS
SON OF NARAYANA PILLAI, PARVATHY SADANAM,
NADUVATTOM P.O, PALLIPAD MURI, KARTHIKAPALLY TALUK,
ALAPPUZHA DISTRICT, PIN - 690512
BY ADV.G.SHRIKUMAR (SR.)(S-580)
BY ADV.SRI.K.JAGADEESH
BY ADV.SMT.V.RENJU
BY ADV.SRI.NIKHEL K GOPINATH
W.P.(C).No.19948/24 :: 2 ::
2024:KER:78436
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME(C), GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA,
PIN - 695645
3 THE DISTRICT JUDGE(ADMINISTATIVE SIDE)
DISTRICT COURT, MINI CIVIL STATION, PATHANAMTHITTA.,
PIN - 695645
4 THE REGISTRAR (DISTRICT JUDICIARY)
HIGH COURT OF KERALA, KOCHI., PIN - 682031
ADDL.R5:
5 THE DISTRICT BAR ASSOCIATION,
FIRST FLOOR, MINI CIVIL STATION COMPOUND,
PATHANAMTHITTA - 689645,
REPRESENTED BY ITS SECRETARY - T.H.ZIRAJUDDIN,
ADVOCATE, AGED 60, S/O.LATE HASSANKUTTY,
SECRETARY, DISTRICT BAR ASSOCIATION, PATHANAMTHITTA,
RESIDING AT : SILSILA, KONNI, POST, PATHANAMTHITTA
DISTRICT - 689645.
ADDL. R5 IS IMPLEADED AS PER THE ORDER DATED
7/10/24 IN I.A.NO.2/2024 IN W.P(C).NO.19948/2024
BY SRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
BY SRI.S.KANNAN, SENIOR GOVERNMENT PLEADER
BY SRI.V.PHILIP MATHEWS, STANDING COUNSEL
BY ADV.SRI.P.C SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.19948/24 :: 3 ::
2024:KER:78436
JUDGMENT
Gopinath P., J.
Sri.G.Shrikumar, the learned senior counsel appearing for the
petitioners on the instructions of Adv.Sri.Jagadeesh K., submits that
the petitioners are not per se objecting the acquisition of their lands,
and they are only concerned that the lands would be taken over
without fixing compensation following the procedure contemplated by
the provisions of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. Sri.S.Kannan, the learned senior Government Pleader,
submits that the process of acquisition has only started, and the
claims of the petitioners for compensation will be considered by the
competent authority after following the procedure contemplated by
the provisions of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013.
In the light of the above submission, nothing further survives
for consideration in the writ petition. The Writ Petition is accordingly
closed, recording the submission of the learned senior Government
W.P.(C).No.19948/24 :: 4 ::
2024:KER:78436
Pleader that the lands of the petitioners will be taken over only after
following the procedure contemplated by the provisions of the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
GOPINATH P.
JUDGE
prp/22/10/24
W.P.(C).No.19948/24 :: 5 ::
2024:KER:78436
APPENDIX OF W.P(C).NO.19948/2024
PETITIONER'S EXHIBITS:
EXHIBIT.P.1 TRUE PHOTOSTAT COPY OF G.O. (RT) NO.
2440/16/RD DATED 27.05.2016
EXHIBIT.P.2 TRUE PHOTOSTAT COPY OF THE G.O. (RT) NO.
2219/2018/RD DATED 13.06.2018
EXHIBIT.P.3 TRUE PHOTOSTAT COPY OF THE LETTER ISSUED BY
THE DISTRICT COLLECTOR, PATHANAMTHITTA TO
THE SHERISTHADAR, DISTRICT COURT,
PATHANAMTHITTA DATED 30.03.2019
EXHIBIT.P.4 TRUE COPY OF THE JUDGMENT IN W.A. NO. 1318
OF 2020 DATED 11-12-2020
EXHIBIT.P.5 TRUE PHOTOSTAT COPY OF G.O. (RT) NO.
2218/2021/HOME DATED 09-08-2021 PASSED BY
THE 1ST RESPONDENT
EXHIBIT.P.6 TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN W.P.(C). NO. 23905 OF
2022 DATED 29-9-2022
EXHIBIT.P.7 TRUE PHOTOSTAT COPY OF THE KERALA GAZETTE
VOL.XII NO.1640 DATED 12.05.2023
EXHIBIT.P.8 TRUE COPY OF THE ORDER NO.B6-1397/2020 OF
THE REVENUE DIVISIONAL OFFICER, ADOOR DATED
19.11.2021
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
