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High Court of KeralaWP(C)/9216/2015disposed of

Kaladevidacosta v. The Special Tahsildar (La-No.Ii)

2015-06-02Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 9216 of 2015 (B) --------------------------- PETITIONERS:

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1. KALADEVI DACOSTA, SHEELA MANDIRAM, BHOOTHANKKULAM.P.O., KOLLAM REPRESENTED BY HER POWER OF ATTORNEY SANTHOSH KUMAR, S/O.ANANDAN, SHEETAL, MUNDAKKAL, KOLLAM - 691 001.

2. SHEELA BHASKARAN, SHEELA MANDIRAM, BHOOTHAKKULAM .P.O., KOLLAM REPRESENTED BY HER POWER OF ATTORNEY SANTHOSH KUMAR, S/O. ANANDAN, SHEETAL, MUNDAKKAL, KOLLAM - 691 001.

BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS:

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1. THE SPECIAL TAHSILDAR (LA-NO.II), KOLLAM, OFFICE OF THE SPECIAL TAHSILDAR (LA-NO.II), KUNDARA.P.O., KOLLAM - 691 501.

2. THE CHIRAKKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHIRAKKARA.P.O., KOLLAM - 691 578.

3. THE SUB REGISTRAR, CHATHANOOR SUB REGISTRY OFFICE, CHATHANOOR.P.O., KOLLAM - 691 572.

BY SENIOR GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9216 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 :

PHOTO COPY OF THE GENERAL POWER OF ATTORNEY EXECUTED BY THE PETITIONERS IN FAVOUR OF THE POWER OF ATTORNEY DATED 16.212.2014.

EXT.P2 :

PHOTO COPY OF THE LAND TAX RECEIPT DT.27.08.2014 ISSUED BY THE VILLAGE OFFICER, PARAVOOR VILLAGE.

EXT.P3 :

PHOTO COPY OF THE LAND TAX RECEIPT DT.27.08.2014 ISSUED BY THE VILLAGE OFFICER, PARAVOOR VILLAGE.

EXT.P4 :

PHOTO COPY OF THE NOTIFICATION DTD. 29.04.2011 UNDER SECTION 4 (1) OF THE ACT PUBLISHED IN THE DESABHIMANI DAILY.

EXT.P5 :

COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.

EXT.P6 :

COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER.

EXT.P7 :

COPY OF THE ELEVATION OF THE PROPOSED BUILDING. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 9216 OF 2015 ------------------------------------ Dated this the 2nd day of June, 2015

JUDGMENT

Ext.P4 notification under Section 4 of the Land Acquisition Act, 1894 has not been followed by a notification under Section 6 thereof within the stipulated period. It necessarily follows that the proceedings initiated in respect of the property of the petitioners under the Land Acquisition Act, 1894 have lapsed. All other contentions are left open to be agitated as and when fresh proceedings for land acquisition are initiated in respect of the same property. The respondents shall make the necessary entry in the revenue records as regards the lapse of the land acquisition.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd