Kerala High Court
P.V.Poulose vs District Collector on 5 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 31142/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 31142 OF 2024
PETITIONER:
P.V.POULOSE
AGED 53 YEARS, S/O CHERIYA VARGHESE,
PERUMBATH HOUSE, MATTAKKUZHIKKARA,
VARIKKOLI.P.O., PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN - 682308
BY ADVS.
B.PREMNATH (E)
K.K.ALIAS
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION,
KAKKANADU, ERNAKULAM, PIN - 682030
2 SPECIAL TAHSILDAR (L.A.)
COCHIN REFINERIES,
OFFICE OF THE COCHIN REFINERY,
TRIPUNITHURA, ERNAKULAM, PIN - 682301
3 THE TAHSILDAR
TALUK OFFICE, KUNNATHUNADU,
ERNAKULAM, PIN - 682035
4 VILLAGE OFFICER
VILLAGE OFFICE, PUTHENCRUZ,
ERNAKULAM, PIN - 682308
5 SCARIA VARGHESE
PERUMBATH HOUSE, MATTAKKUZHIKKARA,
VARIKKOLI.P.O., PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN - 682308
W.P.(C) No. 31142/2024
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6 REJI VARGHESE
PERUMBATH HOUSE, MATTAKKUZHIKKARA,
VARIKKOLI.P.O., PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN - 682308
7 SOLY
W/O.MAPPANAL RAJU, MAPPANAL HOUSE,
PUTHENCRUZ VILLAGE, KANINADU KARA,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 682310
RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 31142/2024
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JUDGMENT
The mother of the petitioner applied for the assignment of 50
cents of landed property in Survey No.948/2 of Puthencruz Village,
Kunnathunadu Taluk, which has been in her possession since 1960.
During the pendency of the application for assignment, the property
was acquired for the Petro Chemical Park. Therefore, the petitioner
submitted Ext.P11 representation before the respondent Nos. 1 to 4
claiming compensation for the acquisition of the said land. The limited
prayer in this writ petition is to give a direction to respondent No.2 to
dispose of Ext.P11 within a time frame.
Having heard Sri.Premnath B., the learned counsel appearing for
the petitioner and Sri.Rajeev Jyothish George, the learned
Government Pleader, this writ petition is disposed of with a direction to
the respondent No.2 to dispose of Ext.P11 representation, in
accordance with law, after hearing the petitioner, within a period of
three months from the date of receipt of a copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(C) 31142/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
MOTHER OF THE PETITIONER FOR ASSIGNMENT OF LAND TO
THE 3RD RESPONDENT, DATED 30.01.1990
EXHIBIT P2 TRUE COPY OF THE MAHAZAR PREPARED BY THE 4TH
RESPONDENT DATED 14.10.1991
EXHIBIT P3 TRUE COPY OF THE DEATH CERTIFICATE NO.A1- 464/92
DATED 03.11.1992ISSUED IN THE NAME OF SOSAMMA BY
THE REGISTRAR OF BIRTHS AND DEATHS, THIRUVANIYOOR
PANCHAYATH
EXHIBIT P4 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE
NO.1108/16 DATED 01.06.2016 ISSUED BY THE 4TH
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE POSTAL CARD ADDRESSED TO THE
MOTHER OF THE PETITIONER BY THE 4TH RESPONDENT,
DATED 07.08.2002
EXHIBIT P6 TRUE COPY OF THE CONSENT LETTER EXECUTED BY
RESPONDENTS 5 TO 7 DATED 12.06.2016
EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT DATED 14.6.2016
ISSUED IN THE NAME OF SCARIA VARGHESE
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER
BEFORE THE 3RD RESPONDENT DATED 23.06.2015
EXHIBIT P9 TRUE COPY OF THE LETTER NO.293/2015 DATED
19.09.2015 OF THE 4TH RESPONDENT TO THE 3RD
RESPONDENT AND A COPY OF THE EXTRACT OF THE BASIC
TAX REGISTER OF THE PROPERTY
EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THE HON’BLE HIGH
COURT OF KERALA IN W.P.(C) NO.20708 OF 2016, DATED
3.6.2024
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER TO RESPONDENTS 1 TO 4, DATED 03.10.2023
EXHIBIT P12 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARDS
SHOWING THE RECEIPT OF REPRESENTATION BY
RESPONDENTS 1 TO 4, DATED 07.10.2023 WITH REGARD TO
SENDING OF EXHIBIT-P11 REPRESENTATION
