Koshy Varghese v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No. 10233 of 2015 (D) ---------------------------- PETITIONER(S):

------------------ KOSHY VARGHESE, AGED 61 YEARS S/O.LATE I.VARGHESE, MANCHERIL PUTHEN VEEDU, CHERUTHANA P.O., KARUVATTA ALAPPUZHA - 690 517.

BY ADVS.SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS RESPONDENT(S):

------------------ 1.

THE DISTRICT COLLECTOR ALAPPUZHA DISTRICT COLLECTORATE, ALAPPUZHA - 688 001.

2.

THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA - 688 001.

3.

THE ADDITIONAL TAHSILDAR KARTHIKAPPALLY, ALAPPUZHA - 690 516 4.

THE SPECIAL TAHSILDAR (LAND ACQUISITION) RAILWAYS, KAYAMKULAM, ALAPPUZHA - 690 592.

5.

THE TALUK SURVEYOR TALUK OFFICE, KARTHIKAPPALLY ALAPPUZHA - 690 516.

6.

STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

W.P(C) No.10233/2015 : 2 :

7.

SOUTHERN RAILWAY, REPRESENTED BY THE GENERAL MANAGER THIRUVANANTHAPURAM DIVISION THIRUVANANTHAPURAM - 695 001.

R BY SRI.C.S.DIAS,SC, RAILWAYS R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.10233 of 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

COPY OF THE RELEVANT PAGES OF THE GOVERNMENT ORDER PUBLISHED IN THE KERALA GAZETTE DATED 18.6.2011. EXHIBIT P2 :

COPY OF THE REPORT, CALCULATION SHEET AND FIELD SKETCH PREPARED BY THE SURVEYOR IN KARTHIKAPPALLY TALUK ON 31.3.2011.

EXHIBIT P3 :

COPY OF THE RECEIPT SHOWING THE REMITTANCE OF TAX IN ACCORDANCE WITH EXT.P1 ISSUED BY VILLAGE OFFICE, CHERUTHANA DATED 16.4.2012 EXHIBIT P4 :

COPY OF THE LATEST TAX RECEIPT SHOWING REMITTANCE OF LAND TAX FOR THE YEAR 2014-15 ISSUED BY VILLAGE OFFICE, CHERUTHANA DATED 2.4.2014.

EXHIBIT P5 :

COPY OF THE PROCEEDINGS OF THE THIRD RESPONDENT DATED 27.6.2011.

EXHIBIT P6 :

COPY OF THE REPRESENTATION FILED BEFORE THE FIRST RESPONDENT DATED 12.9.2012.

EXHIBIT P7 :

COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C) NO.26561 OF 2012 DATED 9.11.2012 EXHIBIT P8 :

COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT ON 28.9.2013.

EXHIBIT P9 :

COPY OF THE LETTER ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER DATED 20.3.2013.

EXHIBIT P10 :

COPY OF THE LETTER ISSUED BY THE MOTHER OF THE PETITIONER BEFORE THE FOURTH RESPONDENT DATED 28.3.2014.

EXHIBIT P11 :

COPY OF THE LETTER DATED ISSUED BY THE THIRD RESPONDENT TO THE FOURTH RESPONDENT 7.6.2014. EXHIBIT P12 :

COPY OF THE REPRESENTATION SUBMITTED BY THE MOTHER OF THE PETITIONER BEFORE THE FOURTH RESPONDENT DATED 5.2.2015.

EXHIBIT P13 :

COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT DATED 18.3.2015.

EXHIBIT P14 :

COPY OF THE SKETCH ISSUED BY THE SURVEY SUPERINTENDENT, RE-SURVEY, HARIPPAD DATED 13.3.2015. RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.10233 of 2015 --------------------- Dated this the 30th day of March, 2015

J U D G M E N T

The connected case in W.P.(C) No.3153/2015 has been disposed of by me on 25.3.2015. Ext.P13 representation put in by the petitioner is pending consideration with the fourth respondent. The dispute is primarily concerning the extent of the property acquired from the petitioner.

2. I direct the fourth respondent to consider Ext.P13 representation with notice to the petitioner. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.