High Court of KeralaWP(C)/14146/2013disposed of

Joseph v. Sivan

2015-06-09Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 WP(C).No. 14146 of 2013 (P) ---------------------------- PETITIONERS:

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1. JOSEPH, S/O. JOSEPH, VILLANTHANATH HOUSE, MANKULAM P.O. AND VILLAGE, MANKULAM KARA, DEVIKULAM TALUK.

2. XAVIER, S/O.XAVIER, VILLANTHANATH HOUSE, MANKULAM P.O. AND VILLAGE MANKULAM KARA, DEVIKULAM TALUK.

3. SIVAN, S/O.NARAYANAN, CHALIL HOUSE, MANKULAM KARA, VILLAGE AND P.O.

DEVIKULAM TALUK (DIED) - 685 613.

BY ADVS.SRI.BENHUR JOSEPH MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENTS:

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1. SIVAN, S/O. NARAYANAN, CHALIL HOUSE, MANKULAM KARA, VILLAGE AND P.O.

DEVIKULAM TALUK (DIED) - 685 613.

LEGAL REPRESENTATIVES

2. PONNAMMA SIVAN, W/O.LATE SIVAN, CHALIL HOUSE, MANKULAM KARA, VILLAGE AND P.O. DEVIKULAM TALUK .

3. JIMMI K.S., D/O.LATE SIVAN CHALIL HOUSE, MANKULAM KARA, VILLAGE AND P.O. DEVIKULAM TALUK - 685 613.

4. JIBU M.S., S/O.LATE SIVAN, CHALIL HOUSE, MANKULAM KARA VILLAGE AND P.O., DEVIKULAM TALUK - 685 613.

5. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM-695 001 REPRESENTED BY ITS SECRETARY

6. MANKULAM HYDRO ELECTRIC PROJECT, MANKULAM P.O., CHITRAPURAM, IDUKKI-685 565 REPRESENTED BY ITS MANAGER

7. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAVU P.O., IDUKKI DISTRICT-685 602.

8. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT TRIVANDRUM - 695 001.

R5 & 6 BY ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB R2 BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT BY GOVERNMENT PLEADER SRI. GIKKU JACOB R BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14146 of 2013 (P) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE SUIT FILED BY THE PETITIOENRS BEFORE THE MUNSIFF'S COURT,DEVIKULAM AS O.S 182 OF 2003 EXHIBIT P2 TRUE COPY OF THE JUDGMENT AND DECREE IN O.S 80 OF 2005 OF SUB COURT THODUPUZHA EXHIBIT P3 TRUE COPY OF OF R.F.A NO 305 OF 2010 OF THIS HON'BLE COURT EXHIBIT P4 THE RELEVANT EXTRACT OF THE LIST OF GOVERNMENT ELECTRIC PROJECT PERTAINING TO THE PETITIONER'S LAND EXHIBIT P5 TRUE COPY OF THE PETITIONE FILED BY THE PETITIONER BEFORE RESPONDENTS 5 TO 8 DATED 30-2013 EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE PETITIOENRS BEFORE THE 6TH RESPONDENT DATED 22.05.2014.

EXHIBIT P7 THE TRUE COPY OF THE PETITION FILED BY THE PETITIOENRS BEFORE THE 7TH RESPONDENT DATED 22.05.2014.

RESPONDENT(S)' EXHIBITS EXHIBIT R5(a) TRUE COPY OF THE JUDGMENT DATED 07.12.2010 IN WP(C) NO. 34781/2010 EXHIBIT R5(b) TRUE COPY OF THE NOTIFICATION DATED 17.05.2013. /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 14146 OF 2013 ------------------------------------ Dated this the 9th day of June, 2015

JUDGMENT

The title to the property acquired will largely depend on the outcome of RFA No. 305/2010 pending on the file of this Court. The compensation amount (tentatively fixed) shall therefore be deposited by the Kerala State Electricity Board in court. The deposit shall be made in the court of the Subordinate Judge having jurisdiction in respect of the property. 2.

The parties are at liberty to move under Section 30 of the Land Acquisition Act, 1894 dependent on the outcome of RFA No. 305/2010. It is for the reference court to deal with the apportionment of compensation in the light of the judgment in RFA No. 305/2010.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd