High Court of KeralaWP(C)/12555/2013disposed of

Nalupurappattil Puthiya Purayil Muhammed Kunhi v. The State Of Kerala

2015-08-10Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 WP(C).No. 12555 of 2013 (T) ---------------------------- PETITIONER:

-------------------- NALUPURAPPATTIL PUTHIYA PURAYIL MUHAMMED KUNHI, AGED 65 YEARS, S/O.NABEESUMMA, RESIDING AT BEACH ROAD, PUTHIYANGADI, MADAYI.P.O, KANNUR DISTRICT.

BY ADVS.SRI.GRASHIOUS KURIAKOSE (SR.) SRI.M.M.ANTO SRI.GEORGE MATHEWS RESPONDENTS:

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

1. THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KANNUR 670 003.

2. THE SPECIAL TAHSILDAR(LA), EZHIMALA NAVAL ACADEMY PROJECT, PAYYANNUR AT THALASSERY, THALASSERY 670 101.

BY SENIOR GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12555 of 2013 (T) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE AWARD NOTICE DATED 30.5.1984 EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE OF KUTTIYASSAN KHADEEJA EXHIBIT P3 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 19.5.1998 BEFORE THE 2ND RESPONDENT EXHIBIT P5Q TRUE COPY OF THE IMPLEADING PETITION FILE DBY THE LEGAL HEIRS OF DECEASED APPLICANT.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 12555 OF 2013 ------------------------------------ Dated this the 10th day of August, 2015

JUDGMENT

The applicant died pending consideration of Ext.P4 application filed under Section 28A(1) of the Land acquisition Act, 1894. Ext.P5 application put in by one of the legal heirs of the applicant is also pending. The petitioner seeks early consideration of the same.

I direct the second respondent to consider Exts.P4 and P5 applications with notice to the petitioner and other legal heirs of the deceased applicant. The needful shall be done within a period of three months as per law subject to the law of limitation as well.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd