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High Court of KeralaWP(C)/5220/2015disposed of

Jose P. Joseph v. State Of Kerala

2015-03-26Honourable Mr. Justice Babu Mathew P.Joseph4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 WP(C).No. 5220 of 2015 (B) -------------------------------- PETITIONERS:

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1. JOSE P. JOSEPH, PONNAKOTTIL HOUSE, THAZHAVAMKUNNU P.O., KALLOORKAD MUVATTUPUZHA.

2. MARY JOSE PONNAKOTTIL HOUSE, THAZHAVAMKUNNU P.O., KALLOORKAD MUVATTUPUZHA REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER GEORGE ANTONY KUREEKAL HOUSE, KIZHAKKAMBALAM P.O.

ERNAKULAM DISTRICT.

BY ADV. SRI.D.SREEKUMAR RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001.

3. THE DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE, KAKKANAD-682 030.

4. THE SPECIAL TAHSILDAR (LA) COCHIN CORPORATION, VYTTILA, KOCHI-682 019.

5. VYTTILA MOBILITY HUB SOCIETY VYTTILA, KOCHI REPRESENTED BY ITS MANAGING DIRECTOR-682 019. R1-R3 GOVT. PLEADER SRI.ABHIJET LESSLY R5 ADV. SRI.M.AJAY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5220 of 2015 (B) ------------------------------- APPENDIX PETITIONERS' EXTS ----------------------- EXT.P1- TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY JOSE P.JOSEPH & MARY JOSE IN FAVOUR OF GEORGE ANTONY.

EXT.P2- TRUE COPY OF THE NOTICE GIVEN BY THE SPECIAL TAHSILDAR (LA), KOCHI CORPORATION DATED 19.1.2015.

EXT.P2(a)-TRUE COPY OF THE NOTICE GIVEN BY THE SPECIAL TAHSILDAR (LA), KOCHI CORPORATION DATED 19.1.2015.

EXT.P3- TRUE COPY OF STATEMENT SUBMITTED BY THE PETITIONERS BEFORE THE LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR (LA), KOCHI CORPORATION DATED 4.2.2014.

EXT.P3(a)- TRUE COPY OF RECEIPT DATED 4.2.2015 ISSUED BY LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR (LA), KOCHI CORPORATION. EXT.P4- TRUE COPY OF STATEMENT SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.

EXT.P5- TRUE COPY OF THE JOINT PETITION SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR, ERNAKULAM DATED 23.9.2013. EXT.P6-TRUE COPY OF THE G.O(RT)NO.3085/14/RD DATED 5.7.2014 ISSUED BY THE REVENUE (B) DEPARTMENT AND TYPED COPY.

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BABU MATHEW P. JOSEPH, J.

------------------------------------------------ W.P.(C) No.5220 of 2015 ------------------------------------------------ Dated this the 26th day of March, 2015

JUDGMENT

Certain properties belonging to the petitioners are proposed to be acquired for widening a road. The apprehension of the petitioners is that in the event of acquiring their properties, the concerned respondents may not award compensation as provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which has come into force on 01-01-2014. This Court is not of the view that the concerned revenue authorities are ignorant about the law to be applied when lands are acquired. Definitely, the concerned respondents will follow the law in existence and applicable to the acquisition. This Court does not have any reason to find that the concerned respondents will ignore the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,

W.P.(C) No.5220 of 2015 -2which has come into force on 01-01-2014, if it is applicable to the petitioners' case. Moreover, the law laid down by this Court in Aliyamma Mathai v. State of Kerala and Others [2014 (3) KHC 808] is governing the field.

With the above observations, this writ petition is disposed of.

Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE