High Court of KeralaWP(C)/9768/2015disposed of

Indira J Menon v. Special Tahsildar

2015-04-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(C).No. 9768 of 2015 (U) --------------------------- PETITIONER(S):

----------------- INDIRA J MENON, AGED 60 YEARS W/O.P.JAYAPRAKASH, XL/619 H, KUMARI VILAS POOTHAMPILLIL TOWERS, SWAMI CHINMAYANANDA ROAD KOCHI, M.G.ROAD, S.O. KOCHI, M.G.ROAD ERNAKULAM. PIN-682 016.

BY ADVS.SRI.K.BALACHANDRAN (MANGALATH) SRI.RAJESH NAIR SRI.BIJOY CHANDRAN RESPONDENT(S):

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1. SPECIAL TAHSILDAR (LA), NH NO.III, VYTTILA ERNAKULAM DISTRICT, PIN-682 019.

2. THE DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, KOCHI-682 030.

3. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., KAKKANAD, KOCHI-682 030 REPRESENTED BY ITS GENERAL MANAGER.

4. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT SECRETARIATE BUILDINGS THIRUVANANTHAPURAM. PIN-695 001.

R3 BY ADV. SMT.I.SHEELA DEVI, SC, ERNAKULAM DIST.CO.OP.BANK LTD. R BY GOVERNMENT PLEADER SRI.T.R.RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9768 of 2015 (U) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- P1- TRUE COPY OF THE AWARD DATED 26.11.2013 IN 58/2013 (LAC NO.48/12A) PASSED BY THE 1ST RESPONDENT.

P2- TRUE COPY OF THE AWARD DATED 03.02.2014 IN 3/14 (LAC NO.48/12) PASSED BY THE 1ST RESPONDENT.

P3- TRUE COPY OF JUDGMENT DATED 19.11.2014 IN WP[C]10699/2014. P4- TRUE COPY OF LETTER DATED 07.01.2015 OF THE PETITIONER. P5- TRUE COPY OF SUMMONS DATED 04.10.2013 OF THE SPECIAL ARBITRATOR IN CONNECTION WITH ARC 368/2013.

P6- TRUE COPY OF NOTICE DATED 23.01.2015 OF THE 3RD RESPONDENT BANK. P7- TRUE COPY OF LETTER DATED 09.02.15 OF THE PETITIONER. RESPONDENT(S)' EXHIBITS : NIL ------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.9768 of 2015 --------------------- Dated this the 6th day of April, 2015

J U D G M E N T

The amount already received by the petitioner in L.A.C.No.48/2012 is only tentative. This is because a final Award is yet to be passed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013.

2. The amount already received by the petitioner will ofcourse be given credit to in that event. Every endeavour should be taken to pass final Award under the said Act expeditiously.

3. The time for settling the loan account under the ASHWAS-2015 Scheme has now been extended to 30.4.2015. It is upto the petitioner to avail of that benefit with the available resources.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.