High Court of KeralaWP(C)/8198/2015disposed of

Kizhakkiniyil Raghavan v. The District Collector, Kannur

2015-06-10Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No. 8198 of 2015 (Y) PETITIONERS:

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1. KIZHAKKINIYIL RAGHAVAN

2. KIZHAKKINIYIL NARAYANAN

3. KIZHAKKINIYIL BHASKARAN

4. KIZHAKKINIYIL YASODHA

5. KIZHAKKINIYIL BHARGAVI ALL RESIDING AT VELLUR AMSOM DESOM, POST ANNUR KANNUR DISTRICT. REPRESENTED BY POWER OF ATTORNEY HOLDER KIZHAKKINIYIL BHASKARAN AGED 49 YEARS, S/O.KIZHAKKINIYIL KUMBA RESIDING AT VELLUR AMSOM DESOM, P.O.ANNUR KANNUR DISTRICT.

BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS:

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1. THE DISTRICT COLLECTOR KANNUR, PIN-670001.

2. THE SPECIAL TAHSILDAR (L.A.) PAYYANNUR NAVAL ACADEMY, (NOW OFFICE AT THALASSERY) PIN 670104.

BY SR. GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8198 of 2015 (Y) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF ORDER NO.F.1503/2000 DATED 16.8.2000 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P2: TRUE COPY OF APPLICATION DATED 25.7.2000 SUBMITTED BY THE 2ND PETITIONER UNDER SECTION 28A OF THE LAND ACQUISITION ACT BEFORE THE 2ND RESPONDENT.

EXHIBIT-P3: TRUE COPY OF ORDER REF.C.1289/2005 DATED 8.12.2008 ISSUED BY THE 2ND RESPONDENT REJECTING EXHIBIT-P2 APPLICATION. EXHIBIT-P4: TRUE COPY OF THE APPLICATION DATED 31.12.2008 UNDER SECTION 28A(3) OF THE LAND ACQUISITION ACT SUBMITTED BY THE 3RD PETITIONER.

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

V. CHITAMBARESH, J W.P.(C). NO. 8198 OF 2015 ---------------------------------------- Dated this the 10th day of June, 2015

JUDGMENT

Ext. P2 application filed under Section 28A(1) of the Land Acquisition Act, 1894 stands rejected by Ext. P3 order. The petitioners have taken up the issue in Ext. P4 application filed under Section 28A(3) of the Land Acquisition Act, 1894. 2.

I direct the second respondent to consider Ext. P4 application with notice to the petitioners. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS