High Court of KeralaWP(C)/6051/2015disposed of

Joseph Mathew v. The District Collector, Idukki District

2015-07-03Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No. 6051 of 2015 (F) ------------------------------------ PETITIONER:

-------------------- JOSEPH MATHEW, AGED 60 YEARS S/O.MATHEW, CHEMMARAPPILLIL HOUSE, CENTRE CITY MANKULAM POST, IDUKKI DIST BY ADVS.SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENTS:

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1. THE DISTRICT COLLECTOR, PAINAVU, IDUKKI DISTRICT - 685 602

2. PROJECT MANAGER MANKULAM, HYDRO ELECTRIC PROJECT, MANKULAM IDUKKI DISTRICT-685565

3. SECRETARY TO POWER DEPARTMENT SECRETARIAT, TRIVANDRUM - 695 001

4. KERALA STATE ELECTRICITY BOARD VYDHUTHI BHAVAN, PATTOM P O, TRIVANDRUM REP BY ITS SECRETARY-695001

5. STATE OF KERALA REP. BY ITS SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001 R1 & R5 BY GOVERNMENT PLEADER SRI. GIKKU JACOB R2 TO R4 BY ADV. SRI.K.M.SATHYANATHA MENON, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6051 of 2015 (F) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- THE TRUE COPY OF THE ORDER PASSED BY THE GOVERNMENT OF KERALA, DTD 30/6/2008 P2:- THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, DTD 29/2/2012 P3:- TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 3 AND 4 DTD 27/3/2012 P4:- THE TRUE COPY OF THE JUDGMENT IN WPC 8222 OF 2012 DTD 11/4/2012 P5:- THE TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DTD 1/10/2011 P6:- THE TRUE COPY OF THE LETTER DTD 8/2/2012 OF THE 2ND RESPONDENT TO THE PRESIDENT OF THE MANKULAM GRAMA PANCHAYATH P7:_ THE TRUE COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DTD 12/2013 RESPONDENT(S)' EXHIBITS:- --------------------------------------- R1(a) - TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE PURCHASES COMMITTEE ON 22.05.2015 /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 6051 OF 2015 ---------------------------------------- Dated this the 03rd day of July, 2015

JUDGMENT

The petitioner has not yet acceded to the price offered by the District Level Purchase Committee. The petitioner shall appear before the first respondent District Collector who heads the Purchase Committee at 11.A.M. on 09.07.2015. An endeavour shall be made to arrive at a price for which the property of the petitioner could be purchased.

The respondents are free to initiate proceedings in case no settlement is arrived as above. The proceedings shall be initiated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The matter cannot brook much delay since the Mankulam Hydro Electric Project has been pending for long.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE