M.M.Venugopal v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 WA.No. 1128 of 2014 () IN WP(C).29433/2013 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 29433/2013 of HIGH COURT OF KERALA DATED 19-02-2014 APPELLANT(S)/PETITIONER IN W.P.(C):-:
------------------------------------- M.M.VENUGOPAL, AGED 55 YEARS S/O.M.K.MADHAVAN, RESIDING AT MUTHIRAKALAYIL ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN - 686 631. BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN SMT.THARA THAMBAN RESPONDENT(S)/RESPONDENTS/RESPONDENTS IN W.P.(C):- --------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.
2. THE DISTRICT COLLECTOR, KOTTAYAM, KOTTAYAM DISTRICT, PIN - 686 001.
3. THE TAHSILDAR (LAND ACQUISITION, COLLECTORATE, KOTTAYAM, PIN - 686 001.
4. THE VILLAGE OFFICER, ETTUMANOOR, ETTUMANOOR P.O., KOTTAYAM DISTRICT PIN - 686 631.
5. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM, PIN - 686 001.
BY GOVERNMENT PLEADERSRI.C.R. SHYAMKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12-03-2015 ALONG WITH W.A. NO. 597 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... ....................................................... Dated this the 12th day of March, 2015
JUDGMENT
Ashok Bhushan, Ag.CJ These two Writ Appeals have been filed against the common th February, 2014 in W.P.C. No. 29433/2013 judgment dated 19 and 29432/2013. The petitioners had filed the Writ Petition praying for quashing of Ext. P3. Ext. P3 was a letter issued by the District Collector refusing the petitioners request to category change of their land during land acquisition proceedings. Petitioners have also prayed for a mandamus seeking a declaration that petitioners are entitled to category change as category ' J ' instead of 'L' Category and a further direction to nd respondent to assess the fair value of the property. the 2 2.
The learned Government Pleader submitted that the proceedings under the Land Acquisition Act were initiated in which Section 4 (1) notification has been issued and award has also been passed.
3. In view of the above submission, we are of the view that the land having been acquired, all rights in the land are to be examined and settled in accordance with the procedure prescribed under the Land Land Acquisition Act. The Writ Petition, at this stage, for change of category of the land has rightly not been entertained by the learned Single Judge. We, thus, do not find any error in the judgment of the learned Single Judge dismissing the Writ Petition. Accordingly, these Writ Appeals are dismissed.
SD/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE SD/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge