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High Court of KeralaWP(C)/10628/2015disposed of

Choorakkat Kunhiraman v. The District Collector Kannur

2015-06-08Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 WP(C).No. 10628 of 2015 (C) -------------------------------------- PETITIONERS:

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1. CHOORAKKAT KUNHIRAMAN, AGED 70 YEARS RESIDING AT PALIYERY, KARIVELLUR P.O., KANNUR.

2. CHHORAKKAT LAKSHMI, AGED 65 YEARS RESIDING AT PUNCHAKKAD, PAYYANNUR, KANNUR.

3. CHOORAKKAT KAMALAKSHI, AGED 62 YEARS RESIDING AT KOROME AMSOM, P.O. CHALAKKODE, KANNUR.

4. CHOORAKKAT MADHAVI, AGED 55 YEARS RESIDING AT KANNAMKAI, P.O. CHERUVATHOOR, KANNUR.

5. CHOORAKKAT SASI, AGED 53 YEARS RESIDING AT KANNAMKAI, P.O. CHERUVATHOOR, KANNUR.

6. CHOORAKKAT GOURI, AGED 53 YEARS RESIDING AT KANNAMKAI, P.O.CHERUVATHOOR, KANNUR.

7. CHOORAKKAT GIRIJA, AGED 45 YEARS RESIDING AT KANNAMKAI, P.O.CHERUVATHOOR, KANNUR PETITIONERS 1 TO 7 REPRESENTED BY POWER OF ATTORNEY HOLDER CHOORAKKAT KARTHYAYANI D/O. ARABI KUNHIRAMAN, AGED 67 YEARS, CHOORAKKAT HOUSE PALIYERI, KARIVELLOOR POST, KANNUR DISTRICT.

BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS:

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1. THE DISTRICT COLLECTOR KANNUR, PIN 670001.

2. THE SPECIAL TAHSILDAR (L.A.) NAVAL ACADEMY, PAYYANNUR, PRESENTLY AT THALASSERY PIN-670104.

BY SR. GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10628 of 2015 (C) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE COPY OF THE APPLICATION DATED 4-7-1998 UNDER SECTION 28A OF THE LAND ACQUISITION ACT SUBMITTED BY THE MOTHER OF THE PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P2- TRUE COPY OF ORDER REF. C 876/05(1) DATED 22-2-2007 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3- TRUE COPY OF ORDER REF. C.876/05(3) DATED 22-2-2007 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4- TRUE COPY APPLICATION DATED 10-5-2007 UNDER SECTION 28A

(3) OF THE LAND ACQUISITION SUBMITTED BY THE POWER OF ATTORNEY HOLDER, KARTHYAYANI BEFORE THE 2ND RESPONDENT.

EXHIBIT P5- TRUE COPY OF APPLICATION SUBMITTED BY THE POWER OF ATTORNEY HOLDER KARTHYAYANI DATED 23-2-2010 UNDER SECTION 28A OF THE LAND ACQUISITION ACT IN RESPECT OF TWO ITEMS OF PROPERTY COMPRISED IN R.S. 215/9 AND R.S. 212. EXHIBIT P6- TRUE COPY OF STATEMENT IN EXHIBIT P5 SUBMITTED BY POWER OF ATTORNEY HOLDER, KARTHAYAYANI ON 22-3-2010. RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 10628 OF 2015 ---------------------------------------- Dated this the 8th day of June, 2015

JUDGMENT

The petitioners seek early consideration of the following applications:- i) Ext. P4 application filed under Section 28A(3) of the Land Acquisition Act, 1894 in respect of three items of property.

ii) Ext.P5 application under Section 28A(1) of the Land Acquisition Act, 1894 in respect of two other items of property.

2.

I direct the second respondent to consider Exts. P4 and P5 applications subject to the law of limitation. The needful shall be done with notice to the petitioners within a period of two months.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS