High Court of KeralaWP(C)/3816/2015disposed of

Gandhi Peace Foundation Centre v. District Collector

2015-02-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).No. 3816 of 2015 (B) ------------------------------------ PETITIONER:

-------------------------- GANDHI PEACE FOUNDATION CENTRE ERNAKULAM, KOCHI (REGISTER NO. ER213/85)(A UNIT OF GANDHI PEACE FOUNDATION, NEW DELHI), GANDHI BHAVAN, BANERJI ROAD KACHERIPPADY, KOCHI - 682 018, REPRESENTED BY ITS SECRETARY V.M. MICHAEL BY ADVS.SRI.J.JULIAN XAVIER SRI.K.B.DAYAL RESPONDENTS:

---------------------------- 1.

DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE CIVIL STATION KAKKANAD 2.

SPECIAL TAHSILDAR, LAND ACQUISITION NO. I & II, OFFICE OF THE SPECIAL TAHSILDAR, KOCHI METRO RAIL PROJECT, COLLECTORATE, CIVIL STATION, KAKKANAD 3.

GANDHI BHAVAN COMMITTEE, (REGISTER NO. ER378/80), GANDHI BHAVAN, BANERJI ROAD, KOCHI - 682 018, REPRESENTED BY ITS SECRETARY R1 & R2 BY GOVERNMENT PLEADER SRI. TOM K. THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3816 of 2015 (B) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF BYE LAW OF THE PETITIONER EXT. P2 COPY OF THE BYE LAW OF THE THIRD RESPONDENT EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 17.12.2012 FILED BEFORE THE 1ST RESPONDENT EXT. P4 COPY OF THE JUDGMENT IN O.S. NO. 495/2010 ON THE FILE OF THE LEARNED 2ND ADDL. MUNSIFF'S COURT, ERNAKULAM DATED 01.01.2015 EXT.P5 TRUE COPY OF THE ORDER OF THE LEARNED 2ND ADDL. MUNSIFF'S COURT, ERNAKULAM IN I.A. NO. 2155/2013 IN O.S. NO. 495/2010 DATED 12.09.2013 EXT. P6 COPY OF THE ORDER OF THE LEARNED 2ND ADDL. MUNSIFF'S COURT, ERNAKULAM IN I.A. NO. 3190/2014 IN O.S.NO. 495/2010 DATED 11.04.2014 EXT.P6(a) LEGIBLE COPY OF THE ORDER OF THE LEARNED 2ND ADDL. MUNSIFF'S COURT, ERNAKULAM IN I.A. NO. 3190/2014 IN O.S. NO. 495/2010 DATED 11.04.2014 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 3816 OF 2015 ---------------------------------------- Dated this the 06th day of February, 2015

JUDGMENT

There is a dispute between the petitioner and the third respondent as regards the entitlement to the compensation amount. The second respondent points out that the amount would be deposited before the Land Acquisition Court in a short time. It is for the Land Acquisition Court to decide the entitlement after adjudicating the title to the property. 2.

The respondents 1 and 2 are directed to do the needful in the matter of deposit within a period of two weeks from today.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE