Thayat Suhara vs State Of Kerala
2024 Latest Caselaw 27084 Ker

Kerala High Court

Thayat Suhara vs State Of Kerala on 6 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                             2024:KER:67767
RP NO. 797 OF 2024

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          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

             THE HONOURABLE MR.JUSTICE V.G.ARUN

FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                     RP NO. 797 OF 2024

        ARISING FROM THE JUDGMENT DATED 27.03.2024 IN WP(C)

          NO.12884 OF 2020 OF HIGH COURT OF KERALA

REVIEW PETITIONER/PETITIONER:

           THAYAT SUHARA
           AGED 60 YEARS
           W/O N.M HAMZA, RAAZI MANZIL HOUSE,
           MADAPALLY COLLEGE P.O, VADAKARA,
           KOZHIKODE DISTRICT-PIN, PIN - 673102
           BY ADV M.MUHAMMED SHAFI
RESPONDENTS/RESPONDENTS:

    1      STATE OF KERALA
           REP. BY THE SECRETARY, PUBLIC WORKS DEPARTMENT,
           THIRUVANANTHAPURAM, PIN - 695001

    2      THE SECRETARY
           CHORODE GRAMA PANCHAYATH, CHORODE,
           MUTTUNGAL P.O, KOZHIKODE DISTRICT
           PIN - 673106

    3      THE CHORODE GRAMA PANCHAYATH
           REP. BY ITS SECRETARY, CHORODE, MUTTUNGAL P.O,
           KOZHIKODE DISTRICT, PIN - 673106
                                             2024:KER:67767
RP NO. 797 OF 2024

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    4      THE ASSISTANT ENGINEER
           PWD, NATIONAL HIGH WAY SECTION, VADAKARA,
           KOZHIKODE DISTRICT, PIN - 673101

    5      THE EXECUTIVE ENGINEER
           PWD, NH DIVISION, KOZHIKODE, PIN - 673101

    6      THE REVENUE DIVISIONAL OFFICER
           REVENUE DIVISIONAL OFFICE, KOZHIKODE DT.,
           PIN - 676515

    7      THE URALUNGAL LABOUR CONTRACT CO-OPERATIVE
           SOCIETY LTD, MADAPALLY COLLEGE P.O,
           KOZHIKODE DT. REP. BY ITS MANAGING DIRECTOR,
           PIN - 673102

    8      SMT. K.K. THULASI
           MEMBER, CHORODE GRAMA PANCHAYATH,
           THIRUVATHU MEETHAL HOUSE, CHORODE EAST P.O,
           VADAKARA, KOZHIKODE DISTRICT, PIN - 673106

    9      THE THAHSILDAR
           TALUK OFFICE, VADAKARA, KOZHIKODE DT.,
           PIN - 673101

    10     THE TALUK SURVEYOR
           MINI CIVIL STATION, VADAKARA,
           KOZHIKODE DT., PIN - 673101

           BY ADV
           SMT. DEEPA NARAYANAN,
           SR. GP. SRI. SUJAI SATHYAN SC FOR PANCHAYATH
           SRI. T. SETHU MADHAVAN SC FOR PANCHAYATH
        THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                      2024:KER:67767
RP NO. 797 OF 2024

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                             ORDER

The learned Counsel for the review petitioner contended

that the The Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013

having come into force, the first 4 directions in the impugned

judgment may be substituted with directions enabling the

petitioner to seek remedies under the Act of 2013.

2. As the directions in the judgment were issued

taking into account the special circumstances involved and the

decision of the Honourable Supreme Court in Kalyani (Dead)

through L.Rs and Ors. v. The Sulthan Bathery Municipality

and Others [2022 SCC Online SC 516], there is no error as far as

the directions are concerned. Hence, the prayer for substituting

those directions with those under the 2013 Act cannot be

countenanced. The review petition is therefore dismissed.

2024:KER:67767 RP NO. 797 OF 2024

The petitioner is granted a month's time from today for

submitting the application as directed in the judgment.

Sd/-

V.G.ARUN JUDGE scs