High Court of KeralaWP(C)/8807/2015disposed of

John Kurian v. State Of Kerala

2015-05-26Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 8807 of 2015 (A) ------------------------------------- PETITIONER:

-------------------------- JOHN KURIAN, AGED 80 YEARS S/O.LATE N.V. KURIAN, NALIYATH HOUSE, KUREEKAD P.O. ERNAKULAM - 682 305.

BY ADVS.SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.K.R.MONISHA SRI.ANOOP BHASKAR SRI.BOBY C. BABY RESPONDENTS:

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

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

2. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD - 682 030.

3. THE VILLAGE OFFICER, MANAKUNNAM VILLAGE OFFICE, MANAKUNNAM ERNAKULAM - 682 307

4. THE SPECIAL TAHSILDAR (LAND ACQUISITION) CORPORATION OF KOCHI, ERNAKULAM - 682 019.

* ADDL. R5 IS IMPLEADED

5. THE UDAYAMPEROOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, UDAYAMPEROOR GRAMA PANCHAYAT OFFICE, UDAYMAPEROOR P.O.

ERNAKULAM 682 307 * ADDL. R5 IS IMPLEADED AS PER THE ORDER IN I.A. NO. 4343/2015 DATED 26.05.2015 R1 TO R4 BY GOVERNMENT PLEADER SRI. GIKKU JACOB ADDL.R5.BY ADVS. SRI.P.N.SUKUMARAN SRI.K.A.ANAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8807 of 2015 (A) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE TAX RECEIPT NO. J 5406427 DATED 26/12/2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT-P2- TRUE COPY OF THE PROCEEDINGS NO. DARTS/CA/DC/13/2091 DATED 11/10/2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P3- TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 16/08/2013.

EXHIBIT-P4- TRUE COPY OF THE LETTER ISSUED BY THE IST RESPONDENT TO THE PETITIONER DATED 29/04/2014.

EXHIBIT-P5- TRUE COPY OF THE LETTER NO. C3-22141/2010 ISSUED BY THE 2ND RESPONDENT DATED 01/12/2014 EXHIBIT-P6- TRUE COPY OF THE REPLY SUBMITTED BY PETITIONER TO THE 2ND RESPONDENT DATED 20/12/2014.

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

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 8807 OF 2015 ---------------------------------------- Dated this the 26th day of May, 2015

JUDGMENT

Ext. P2 proceedings of the second respondent reflects that property in the possession of the petitioner is being acquired subject to payment of compensation. The petitioner did lay a claim for compensation as evident by Ext. P3 letter. But Ext. P5 intimation of the second respondent proceed on the footing that no compensation at all is payable since the property is shown as panchayath road.

The entitlement of compensation to the petitioner depends on establishing his title over the property. The same requires consideration of oral and documentary evidence adduced by the petitioner. It is only appropriate that the petitioner moves the civil court for this purpose which can determine the title to the property acquired and the entitlement to compensation.

The amount of compensation has not been settled for a land acquisition reference to be made. Therefore a suit is the appropriate remedy to which I relegate the petitioner for redressal of his grievances.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS