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High Court of KeralaWP(C)/5186/2015disposed of

Shayin Ismail v. State Of Kerala

2015-03-12Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 WP(C).No. 5186 of 2015 (W) ------------------------------------- PETITIONER:

--------------------- SHAYIN ISMAIL S/O.KORAMBAYIL SHOWKATHALI, CHERAKKARA ROAD, MANJERI MALAPPURAM DISTT.

BY ADV. SRI.M.A.ABDUL HAKHIM RESPONDENTS:

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE DISTRICT COLLECTOR, MALAPPURAM DIST., MALAPPURAM.

3. THE SPECIAL TAHSILDAR (LA), (GENERAL), MALAPPURAM.

BY GOVERNMENT PLEADER SRI. T. R.RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5186 of 2015 (W) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- A PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND & 3RD RESPONDENTS.

EXHIBIT P2- A PHOTOSTAT COPY OF THE REPLY ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P3- A PHOTOSTAT COPY OF THE NOTICE SENT BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P4- A PHOTOSTAT COPY OF THE GOVERNMENT ORDER ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5- A PHOTOSTAT COPY OF THE COMMON AWARD NO.2/2014 PASSED BY THE 3RD RESPONDENT.

EXHIBIT P6- A PHOTOSTAT COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT.

EXHIBIT P7- A PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 2 & 3.

RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 5186 OF 2015 ---------------------------------------- Dated this the 12th day of March, 2015

JUDGMENT

The compensation is now being offered to the petitioner pursuant to Ext. P5 award passed under the Land Acquisition Act, 1894. But no such award could have been passed on 21.08.2014 after the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. All that the petitioner prays is that the receipt of compensation should not prejudice his right under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2.

It is made clear that the receipt of compensation by the petitioner will be subject to further determination of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This is in view of Section 24(1)(a) of the said Act and the receipt of compensation pursuant to Ext.P5 award will not operate as an estoppel. Needless to say that a fresh award would be passed under the Right to Fair

W.P.(C). NO. 5186 OF 2015 2 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 notwithstanding Ext.P5 award.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE