Sunitha C vs State Of Kerala
2024 Latest Caselaw 26351 Ker

Kerala High Court

Sunitha C vs State Of Kerala on 3 September, 2024

                                                     2024:KER:66706

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                        OP(C) NO. 1825 OF 2024

PETITIONER:

          SUNITHA C
          AGED 46 YEARS
          D/O LATE CHANDRIKA, KKNRA.72 KKP NAGAR,KULASHEKHARAM,
          KODUNGANOOR ,THIRUVANANTHAPURAM, PIN - 695013
          BY ADVS.
          K.B.PRADEEP
          SRADHA MOHAN



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF
          KERALA., PIN - 682031
    2     ABDUL RASHEED
          AGED 55 YEARS
          S/O ABDUL KHADER, UNDATHRA VARAMBU
          PUTHENVEEDU,THIRUVALLOM P O, THIRUVANANTHAPURAM, PIN -
          695027


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) No. 1825 of 2024           :2:




                                                       2024:KER:66706


                        VIJU ABRAHAM , J.
             ===========================
                     OP(C) No. 1825 of 2024
            ============================
            Dated this the 3rd day of September, 2024

                          JUDGMENT

Petitioner has approached this Court seeking a direction to the

2nd Additional District Court, Thiruvananthapuram (Land Acquisition,

Rehabilitation and Settlement Authority) to consider and pass orders

on Ext.P4 application filed as IA No.10/2024 in LAR No.272/2023 in

LAC No.12/2021.

2. Petitioner has a contention that the amount that is now

claimed as per Ext.P4 for release is an undisputed amount.

3. A report was called for from the Court concerned

regarding the present status of the case, wherein it is reported that

the evidence was already started, and the Court has sought for

atleast six months time to dispose of the matter taking into

consideration the pendency of old matters.

What has been sought for by the petitioner in the original

petition is expeditious disposal of Ext.P4 application filed as IA

No.10/2024 claiming that the amount sought to be released is an

undisputed amount. Therefore, taking into consideration the above

2024:KER:66706

facts and circumstances, the original petition is disposed of as

follows:

(i) The authority shall take steps to finalise the proceedings

without any delay, at any rate preferably within the time

limit sought for in the report.

(ii) The land acquisition authority also shall take a decision

on Ext.P4 request made by the petitioner as IA No.10 of

2024 in LAR No.272 of 2023 and dispose of the same

without delay, at any rate within an outer limit of three

weeks from the date of receipt of a copy of this

judgment.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

2024:KER:66706

APPENDIX OF OP(C) 1825/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CLAIM STATEMENT FILED BY THE 1 ST CLAIMANT DATED 15/03/2024 IN LAR NO. 272/2023 IN THE FILE OF 2 ND ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM

Exhibit P2 TRUE COPY OF THE CLAIM STATEMENT DATED 18/03/2024 FILED BY THE 2 ND CLAIMANT IN LAR NO. 272/2023 IN THE FILE OF 2 ND ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM

Exhibit P3 TRUE COPY OF THE THE CHIEF AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 05.04. 2024

Exhibit P4 TRUE COPY OF THE APPLICATION DT.11.04.

OF THE 2 ND ADDL DISTRICT COURT