Kerala High Court
K.M.Najma vs State Of Kerala Rep. By Principal ... on 6 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
2024:KER:68764
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 6861 OF 2024
PETITIONER:
K.M.NAZREENA
AGED 64 YEARS
W/O ABDUL SALAM, GLASS NOST, THONDAYAD.P.O,
CHEVARAMBALAM, KOZHIKODE, PIN - 673017
BY ADVS.
NIRMAL.S
VEENA HARI
K. REMIYA RAMACHANDRAN
KEERTHY JOHNSON
POOJA JOSE
ABDUL SAHAD M.H.
RESPONDENTS:
1 STATE OF KERALA REP. BY PRINCIPAL SECRETARY TO
GOVERNMENT (LA)
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR KOZHIKODE
COLLECTORATE, CIVIL STATION, KOZHIKODE,
PIN - 673020
3 SPECIAL TAHSILDAR (LAND ACQUISITION- KIIFB)
KOZHIKODE, TALUK OFFICE, MINI CIVIL STATION,
QUAILANDY, KOZHIKODE, PIN - 673305
2024:KER:68764
WP(C) NO.6861 OF 2024 &
WP(C) NO.3678 OF 2024
2
4 EXECUTIVE ENGINEER
PWD ROADS DIVISION, CIVIL STATION KOZHIKODE,
PIN - 673020
5 CHIEF ENGINEER
PWD ROADS DIVISION, THIRUVANANTHAPURAM,
PIN - 695001
6 DIVISIONAL FOREST OFFICER (DFO), KOZHIKODE
6TH FLOOR, B BLOCK, SH29, ERANHIPPALAM, KOZHIKODE
( SOUGHT TO BE IMPLEADED )
BY ADV.
SMT. N. SUDHADEVI - SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.09.2024, ALONG WITH WP(C).3678/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:68764
WP(C) NO.6861 OF 2024 &
WP(C) NO.3678 OF 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 3678 OF 2024
PETITIONER:
K.M.NAJMA
AGED 63 YEARS
W/O. T.MUNEER, FLAT NO.18 A, GALAXY RITZ MARINA
APARTMENT, P.O. WEST HILL, KOZHIKODE,
PIN - 673005
BY ADVS.
NIRMAL.S
VEENA HARI
K. REMIYA RAMACHANDRAN
KEERTHY JOHNSON
POOJA JOSE
RESPONDENTS:
1 STATE OF KERALA REP. BY PRINCIPAL SECRETARY TO
GOVERNMENT (LAND REVENUE)
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR KOZHIKODE
COLLECTORATE, CIVIL STATION, KOZHIKODE,
PIN - 673020
3 SPECIAL TAHSILDAR (LAND ACQUISITION- KIIFB),
KOZHIKODE, TALUK OFFICE, MINI CIVIL STATION,
2024:KER:68764
WP(C) NO.6861 OF 2024 &
WP(C) NO.3678 OF 2024
4
QUAILANDY, KOZHIKODE, PIN - 673305
4 EXECUTIVE ENGINEER
PWD ROADS DIVISION, CIVIL STATION KOZHIKODE,
PIN - 673020
5 CHIEF ENGINEER
PWD ROADS DIVISION, THIRUVANANTHAPURAM,
PIN - 695001
BY ADV.
SMT. N. SUDHADEVI - SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.09.2024, ALONG WITH WP(C).6861/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:68764
WP(C) NO.6861 OF 2024 &
WP(C) NO.3678 OF 2024
5
JUDGMENT
[WP(C) Nos.6861 OF 2024 & 3678 OF 2024]
It is submitted by the learned Special Government
Pleader that the Government has allowed the request of the
petitioners under Section 94(3) of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013. The said
submission is recorded. Accordingly, these Writ Petitions are
closed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
2024:KER:68764
WP(C) NO.6861 OF 2024 &
WP(C) NO.3678 OF 2024
APPENDIX OF WP(C) 6861/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT
NO.KL11041708016/2023 DATED 11/07/2023
ISSUED BY THE VILLAGE OFFICER,
THIRUVAMBADY
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED
Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED
Exhibit P4 TRUE COPY OF THE COVERING LETTER UNDER
RTI ACT AND THE LETTER NO.B2/304/2023-
REV. DATED 22/11/2023
Exhibit P5 TRUE COPY OF THE AWARD ENQUIRY NOTICE
DATED 17/10/2023 AND THE REPRESENTATION
MADE BY THE PETITIONER ON 22/11/2023
Exhibit P6 TRUE COPY OF THE FIELD VISIT REPORT
DATED 12/12/2023 OF THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE REJECTION ORDER DATED
18-01-2024 ISSUED BY THE 3RD RESPONDENT
TO THE APPLICATION MADE BY THE
PETITIONER'S SISTER U/SEC.94(3)
Exhibit P8 TRUE COPY OF THE DETAILED VALUATION
STATEMENT (DVS) WHICH HAS BEEN APPROVED
BY THE 2ND RESPONDENT BY PROCEEDINGS
DCKKD/424/2022-B3 DATED 07/12/2023
Exhibit P9 TRUE COPY OF THE COUNTER AFFIDAVIT DATED
25-10-2023 SUBMITTED BY THE KONKAN
RAILWAY CORPORATION IN WPC.31739/2023
FILED BY THE PETITIONER'S SISTER
2024:KER:68764
WP(C) NO.6861 OF 2024 &
WP(C) NO.3678 OF 2024
Exhibit P10 TRUE COPY OF THE SKETCH SHOWING THE
MANNER IN WHICH 60.93 CENTS OF THE
PETITIONER'S PROPERTY IS AFFECTED
Exhibit P11 TRUE COPY OF THE MEMO SUBMITTED BY THE
GOVERNMENT PLEADER IN WPC.36937/2023
DATED 31/01/2024
Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED
Exhibit P13 TRUE COPY THE REPORT KIIFB/KKD/57/2022-C
DATED 28/02/2024
Exhibit P14 TRUE COPY OF THE LETTER
NO.DCKKD/424/2022-23 DATED 04-03-2024
Exhibit P15 TRUE COPY OF G.O.(RT)NO.1459/2024/RD
DATED 26-06-2024
RESPONDENTS' EXHIBITS: NIL
2024:KER:68764
WP(C) NO.6861 OF 2024 &
WP(C) NO.3678 OF 2024
APPENDIX OF WP(C) 3678/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.
KL11041705193/2022 DATED 18/05/2022
ISSUED BY THE VILLAGE OFFICER,
THIRUVAMBADY TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE REPRESENTATION MADE TO
1ST RESPONDENT DATED 10/10/2023 BY THE
PETITIONER WHICH WAS MARKED AS EXT.P16
Exhibit P3 TRUE COPY OF THE ORDER DATED 27-10-2023
Exhibit P4 TRUE COPY OF THE ORDER DATED 21-11-2023
Exhibit P5 TRUE COPY OF THE COVERING LETTER UNDER
RTI ACT AND THE LETTER NO.B2/304/2023-
REV. DATED 22/11/2023 OF THE 1ST
RESPONDENT
Exhibit P6 TRUE COPY OF THE AWARD ENQUIRY NOTICE
DATED 17/10/2023 AND THE REPRESENTATION
MADE BY THE PETITIONER ON 22/11/2023
Exhibit P7 TRUE COPY OF THE FIELD VISIT REPORT
DATED 12/12/2023 (MISTAKENLY SHOWN AS
12/12/2022) OF THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE LETTER OF OBJECTION
DATED 10/01/2024 BEFORE 2ND RESPONDENT
MADE BY THE PETITIONER
Exhibit P9 TRUE COPY OF THE LETTER OF OBJECTION
DATED 10/01/2024 BEFORE 1ST RESPONDENT
MADE BY THE PETITIONER TOGETHER WITH THE
POSTAL RECEIPT
2024:KER:68764
WP(C) NO.6861 OF 2024 &
WP(C) NO.3678 OF 2024
Exhibit P10 TRUE COPY OF THE REJECTION LETTER ISSUED
BY THE 3RD RESPONDENT AND THE
APPLICATION MADE BY THE PETITIONER
U/SEC.94(3)
Exhibit P11 TRUE COPY OF THE DETAILED VALUATION
STATEMENT (DVS) WHICH HAS BEEN APPROVED
BY THE 2ND RESPONDENT BY PROCEEDINGS
DCKKD/424/2022-B3 DATED 07/12/2023
Exhibit P12 TRUE COPY OF THE COUNTER AFFIDAVIT
SUBMITTED BY THE KONKAN RAILWAY
CORPORATION IN WPC.31739/2023
Exhibit P13 TRUE COPY OF THE SKETCH SHOWING THE
MANNER IN WHICH 99 CENTS OF THE
PETITIONER'S PROPERTY IS AFFECTED
Exhibit P14 TRUE COPY OF THE GOOGLE MAP SHOWING THE
LIE OF THE PETITIONER'S PROPERTY WHICH
IS BEING ACQUIRED
Exhibit P15 TRUE COPY OF THE ORDER DATED 16/01/2024
Exhibit P16 TRUE COPY THE REPORT KKIFB/KKD/57/2022-C
DATED 28/02/2024
Exhibit P17 TRUE COPY OF THE LETTER
NO.DCKKD/424/2022-23 DATED 04-03-2024
Exhibit P18 TRUE COPY OF G.O.(RT)NO.1459/2024/RD
DATED 26-06-2024
RESPONDENTS' EXHIBITS: NIL
