High Court of KeralaWP(C)/13547/2015disposed of

S.Chellappan v. State Of Kerala

2015-08-05Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 WP(C).No. 13547 of 2015 (P) ---------------------------- PETITIONERS:

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1. CHELLAPPAN S.

MANCHEL, T.C.53/2493, KRA-1 NEMON, THIRUVANANTHAPURAM.

2. THANKAMONY, MANCHEL, T.C.53/2493, KRA-1 NEMON, THIRUVANANTHAPURAM.

3. MANJESH CHELLAN, MANCHEL, T.C.53/2493, KRA-1 NEMON, THIRUVANANTHAPURAM.

BY ADV. SRI.BASANT BALAJI RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695001.

3. THE SPECIAL TAHSILDAR, LAND ACQUISITION(N.H), THIRUVANANTHAPURAM - 695 001.

R2,R3 BY SENIOR GOVERNMENT PLEADER SRI. C.S. MANILAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-08-2015, ALONG WITH WPC. 13561/2015, WPC. 13598/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13547 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 TRUE COPY OF THE DECLARATION NO.LRC 17488/2013 DT 07/3/2013 EXT.P2 TRUE COPY OF THE NOTICE DTD 24/04/2013 SERVED ON THE PETITIONERS EXT.P3 TRUE COPY OF THE CLAIM STATEMENT FILED BY THGE IST AND 2ND PETITIONER EXT.P4 TRUE COPY OF THE CLAIM STATEMENT FILED BY THE 3RD PETITIONER EXT.P5 TRUE COPY OF THE AWARD NOTICE DTD 23/04/2015 EXT.P6 TRUE COPY OF THE NOTICE U/S 15(3)DTD 23/04/2015Q EXT.P7 TRUE COPY OF THE CIRCULAR BY THE IST RESPONDENT DTD 04/03/2014 EXT.P8 TRUE COPY OF THE CIRCULAR NO.L.R C 18002/2014 DTD 20/05/2014 EXT.P9 TRUE COPY OF THE NOTICE OF AWARD UNDER SECTION 77(2)OF THE RFCTLARR ACT IN FAVOUR OF SHAFEERA EXT.P10 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS EXT.P11 TRUE COPY OF THE REPRESENTATION DTD 02/05.2015 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NOs. 13547, 13598 & 13561 OF 2015 ------------------------------------------------------------ Dated this the 5th day of August, 2015

JUDGMENT

It is conceded by all that an award has been passed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. No income tax or stamp duty shall be levied on the award made under the above Act in view of Section 96 thereof. The right of the petitioner for redetermination of the compensation under Section 64 of the said Act is also preserved. The respondents are free to surge ahead with the acquisition proceedings including taking possession of the property.

The submission of the Senior Government Pleader that the amount due under the award would be paid to the petitioners within a period of two weeks is also recorded. These Writ Petitions are disposed of.

V. CHITAMBARESH JUDGE ncd