High Court of KeralaWP(C)/2057/2011disposed of

P.M.Joseph v. State Of Kerala

2015-06-08Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 WP(C).No. 2057 of 2011 (F) --------------------------- PETITIONER:

------------------ P.M.JOSEPH, S/O.MATHAI, NARITHOOKKIL HOUSE, THALAMATTOM KARA, THODUPUZHA.

BY ADVS.SRI.P.V.ABRAHAM SMT.LEELAMMA GEORGE ABRAHAM SRI.PRATAP ABRAHAM VARGHESE RESPONDENTS:

----------------------

1. STATE OF KERALA REP.BY SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2. THE REVENUE DIVISIONAL OFFICER, IDUKKI (LAND ACQUISITION), COLLECTORATE, PAINAVU, IDUKKI.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 2057/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

A TRUE COPY OF THE AWARD DATED 01.12.2009 OF THE 2ND RESPONDENT.

EXHIBIT P2 :

A TRUE COPY OF THE PROCEEDINGS DATED 02.09.2010. RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 2057 OF 2011 ------------------------------------ Dated this the 8th day of June, 2015

JUDGMENT

The petitioner did make an application under Section 28A

(1) of the Land Acquisition Act, 1894. The petitioner is aggrieved by the award passed under Section 28A(2) of the Act for not granting interest. The petitioner seeks interest from the date of Section 4(1) notification and also on solatium. 2.

The remedy of the petitioner is only to move under Section 28A(3) of the Land Acquisition Act, 1894. Any motion made within one month from today shall be dealt with by the Land Acquisition Officer within a period of two months therefrom. The petitioner is free to urge all his contentions in such proceedings.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd