Dr.Sathish Chandra Pai v. State Of Kerala

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 ---------------------------------------- PETITIONERS:

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1. DR.SATHISH CHANDRA PAI, AGED 44 YEARS S/O.SANTHARAM PAI, RESIDING AT NARAYAN NIVAS, T.D.ROAD KOVILVATTOM DESOM, ERNAKULAM VILLAGE PIN 682035. (REPRESENTED BY MY MOTHER AND POWER OF ATTORNEY HOLDER MRS.PUSHPALATHA S. PAI W/O.R.SANTHARAM PAI, RESIDING AT NARAYANA NIVAS T.D.ROAD, KOCHI-35. (3RD PETITIONER).

2. DR.AYSHWARYA C.BHAT, AGED 40 YEARS D/O.SANTHARAM PAI, RESIDING AT NARAYANA NIVAS T.D.ROAD, KOVILVATTOM DESOM ERNAKULAM-682035. (REPRESENTED BY MY MOTHER AND POWER OF ATTORNEY HOLDER MRS.PUSHPALATHA S.PAI W/O.R.SANTHARAM PAI, RESIDING AT NARAYANA NIVAS T.D.ROAD, KOCHI-35. (3RD PETITIONER).

3. PUSHPALATHA S.PAI, AGED 66 YEARS W/O.R.SANTHARAM PAI, RESIDING AT NARAYANA NIVAS T.D.ROAD, KOVILVATTOM DESOM, ERNAKULAM VILLAGE PIN 682035.

BY ADVS.SRI.N.D.PREMACHANDRAN SRI.D.AJITHKUMAR RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695001.

2. DISTRICT COLLECTOR COLLECTORATE, ERNAKULAM, PIN 682030.

3. LAND ACQUISITION OFFICER SPECIAL THASILDAR (LA), KOCHI CORPORATION, VYTTILA ERNAKULAM DISTRICT, PIN 682019.

4. THE SUB TREASURY OFFICER ADDITIONAL SUB TREASURY, ERNAKULAM-682016.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: A COPY OF THE NOTICE DATED.23.2.2015 IN LAC NO.2/15. EXHIBIT-P2: A COPY OF THE NOTICE DATED 23.2.2015 IN LAC NO.3/15. EXHIBIT-P3: A COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.9770 OF 2015 DATED 26.3.2015.

EXHIBIT-P4: COPY OF THE CONSENT GIVEN BY THE PETITIONERS FOR TAKING POSSESSION ON 13.4.2015.

EXHIBIT-P4(A):

COPY OF THE CONSENT GIVEN BY THE PETITIONERS FOR TAKING POSSESSION ON 13.4.2015.

EXHIBIT-P5: COPY OF THE MAHAZAR PREPARED BY THE RESPONDENTS WHILE ASSUMING POSSESSION ON 13.4.2015.

EXHIBIT-P5(A): COPY OF THE MAHAZAR PREPARED BY THE RESPONDENTS WHILE ASSUMING POSSESSION ON 13.4.2015.

EXHIBIT-P6: A COPY OF THE CHEQUE RETURNED WITH THE ENDORSEMENT. EXHIBIT-P7: A COPY OF THE CHEQUE RETURNED WITH THE ENDORSEMENT. EXHIBIT-P8: A COPY OF THE CHEQUE RETURNED WITH THE ENDORSEMENT. EXHIBIT-P9: A COPY OF THE REPRESENTATION DATED 17.4.2015 SUBMITTED BY THE PETITIONERS.

EXHIBIT-P10:

A COPY OF THE ONLINE APPLICATION MADE BY THE 3RD RESPONDENT.

EXHIBIT-P10(A):

A COPY OF THE ONLINE APPLICATION MADE BY THE 3RD RESPONDENT.

EXHIBIT-P10(B):

A COPY OF THE ONLINE APPLICATION MADE BY THE 3RD RESPONDENT.

EXHIBIT-P11:

A COPY OF THE G.O.(MS) NO.89/2013/LSGD DATED 13.3.2013. EXHIBIT-P12:

A COPY OF THE PROCEEDINGS NO.DC2-3895/13 DATED 16.3.2013.

EXHIBIT-P13:

COPY OF THE CHELAN FORM TRANSFERRING THE FUND FOR PAYMENT OF EXTS.P6,P7 AND P8 CHEQUES.

EXHIBIT-P14:

COPY OF ORDER IN IA.573/2015 IN WA NO.842/2015 DTD.12.5.2015 OF THIS HON'BLE COURT.

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

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 14607 OF 2015 ---------------------------------------- Dated this the 9th day of June, 2015

JUDGMENT

The petitioners have admittedly received 80% of the compensation amount tentatively assessed.

No further directions are warranted at this juncture. The writ petition is disposed of.

V. CHITAMBARESH JUDGE