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High Court of KeralaWP(C)/14759/2015disposed of

Pandarathil Narayanankutty v. The District Collector

2015-06-10Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 ---------------------------------------- PETITIONERS:

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1. PANDARATHIL NARAYANANKUTTY AGED 62 YEARS S/O.RAMAN NAIR, RESIDING AT PUNCHAKKAD, PAYYANNUR KANNUR DISTRICT.

2. PANDARATHIL MADHAVAN, AGED 60 YEARS S/O.RAMAN NAIR, RESIDING AT PUNCHAKKAD, PAYYANNUR KANNUR DISTRICT.

3. PANDARATHIL DAMODARAN, AGED 54 YEARS S/O.RAMAN NAIR, RESIDING AT PUNCHAKKAD, PAYYANNUR KANNUR DISTRICT.

4. PANDARATHIL NARAYANI AMMA, AGED 84 YEARS W/O.RAMAN NAIR, RESIDING AT PUNCHAKKAD, PAYYANNUR KANNUR DISTRICT.

5. PANDARATHIL SARASWATHI AMMA, AGED 68 YEARS D/O.RAMAN NAIR, RESIDING AT PUNCHAKKAD, PAYYANNUR KANNUR DISTRICT.

6. PANDARATHIL KUNHIRAMAN NAMBIAR, AGED 64 YEARS S/O.RAMAN NAIR, RESIDING AT VALAMBATH HOUSE KANDAMKALI, PAYYANNUR, KANNUR DISTRICT.

7. PANDARATHIL SREEDHARAN NAMBIAR, AGED 66 YEARS S/O.RAMAN NAIR, RESIDING AT ARAVANCHAL PERINGOME AMSOM DESOM, KANNUR DISTRICT.

8. PANDARATHIL UNNIKRISHNAN, AGED 58 YEARS S/O.RAMAN NAIR, RESIDING AT PUNCHAKKAD, PAYYANNUR KANNUR DISTRICT.

PETITIONERS 1 TO 8 REPRESENTED BY THE POWER OF ATTORNEY HOLDER K.P. JANARDHANAN, S/O. KUNHIRAMAN NAMBIAR, AGED 40 YEARS RESIDING AT KODIYATH HOUSE, KANDANKALI, PAYYANNUR, KANNUR DISTRICT BY ADV. SRI.V.N.RAMESAN NAMBISAN

RESPONDENT(S):

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1. THE DISTRICT COLLECTOR KANNUR, PIN - 670 001.

2. THE SPECIAL TAHSILDAR (LA) NAVAL ACADEMY PAYYANNUR (PRESENTLY AT THALASSERY) 670 104.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. COPY OF APPLICATION DATED 23.5.98 FILED BY LATE FATHER OF THE PETITIONERS VIZ PANDARATHIL NARAYANANKUTTY BEFORE THE 2ND RESPONDENT UNDER SECTION 28A OF THE LAND ACQUISITION ACT.

EXHIBIT P2. COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT, NO.D.DIS.C.771/05 DATED 6.3.09 REJECTING EXHIBIT P1 APPLICATION.

EXHIBIT P3. COPY OF APPLICATION DATED 17.2.10 UNDER SECTION 28A OF THE LAND ACQUISITION ACT SUBMITTED BY THE PETITIONERS. EXHIBIT P4. COPY OF APPLICATION DATED 7.4.98 UNDER SECTION 28A OF THE LAND ACQUISITION ACT FILED BY LATE FATHER OF THE PETITIONERS IN RESPECT OF 50 CENTS OF LAND.

EXHIBIT P4(a).COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 11.4.98. RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 14759 OF 2015 ---------------------------------------- Dated this the 10th day of June, 2015

JUDGMENT

The petitioners confine their relief to an early consideration of Exts. P3 and P4 applications. The same are filed under Section 28A of the Land Acquisition Act, 1894. 2.

I direct the second respondent to consider Exts. P3 and P4 applications with notice to the petitioners. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE