The Travancore Devaswom Board v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 WP(C).No. 14798 of 2015 (Y) ---------------------------- PETITIONER:
--------------------- THE TRAVANCORE DEVASWOM BOARD NANTHANKODE, THIRUVANANTHAPURAM-695003 REPRESENTED BY ITS SECRETARY IN CHARGE BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE(DEVASWOM) THIRUVANANTHAPURAM-695001
2. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM-695001
3. THE TAHSILDAR THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DIST
4. SMT N.N. PADMAJA HOUSE NO 51, SREE NAGAR, PARUTHIPPARA THIRUVANANTHAPURAM DISTRICT R4 BY ADV. SRI.RAM MOHAN.G.
R4 BY ADV. SRI.G.P.SHINOD R4 BY ADV. SRI.MANU V.
R4 BY ADV. SRI.GOVIND PADMANAABHAN R1-R4 BY SRI LILLY K.T., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14798 of 2015 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- COPY OF THE RESOLUTION NO R O C 7546/05/LAND DTD 22/11/2005 P2:- COPY OF THE DETAILS OF LAND REQUIRED AS INTIMATED TO THE DISTRICT COLLETOR, IN FORM NO 2 OF SECTION 4(1) OF THE ACT P3:- COPY OF THE LOCATION SKETCH OF THELANDS PROPOSED TO BE ACQUIRED AS PREPARED BY THE VILLAGE OFFICER P4:- COPY OF THE INSPECTION REPORT ON THE LAND RELATED MATTERS OF TRAVANCORE DEVASWOM BOARD, SUBMITTED BY THE LAND SPECIAL OFFICER, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM DTD 18/1/2007 P5:- COPY OF THE ORDER NO R O C NO 7546/LAND DTD 28/7/2008 P6:- COPY OF THE LAND VALUE CERTIFICATE NO B11-4784/08/L.
DIS DTD 3/2/2008 P7:- COPY OF THE MINUTES OF THE BOARD DTD 4/4/2009 P8:- COPY OF THE RESOLUTION PASSED BY THE BOARD ON 24/5/2011 P9:- COPY OF THE COVERING LETTER NO ROC 7546/05/L DTD 6/6/2011 P10:- COPY OF THE REPORT DTD 7/10/2011 GIVEN BY THE DISTRICT COLLECTOR P11:- COPY OF THE REPORT DTD 8/5/2012 P12:- COPY OF THE REPORT DTD 23/5/2012 IN TDB REPORT NO 80/2012 IN DBP NO 40/2009 DTD 23/5/2012 P12(A):-COPY OF THE ORDER DTD 25/3/2013 IN DBP NO 40 OF 2009 P13:- COPY OF THE REPORT DTD 13/6/2013 SUBMITTED BEFORE THE BOARD BY THE CHIEF EXECUTIVE ENGINEER(ESTATE DIVISION)AND EXECUTIVE ENGINEER, THIRUVANANTHAPURAM P14:- COPY OF THE LETTER NO 27888/DEV.
A.K.JAYASANKARAN NAMBIAR, J.
---------------------------------------------- W.P.(C).No.14798 of 2015 ---------------------------------------------- Dated this the 23rd day of November, 2015
JUDGMENT
The challenge in the writ petition is against Ext.P14 order that is passed by the 1st respondent in response to a request by the petitioner Board for acquisition of certain lands by invoking the provisions of the Kerala Land Acquisition Act. 2.
By Ext.P14 order passed by the 1st respondent, the request of the petitioner was denied. The sole ground urged on behalf of the petitioner, at the time of hearing, is that Ext.P14 order was passed without hearing the petitioner and therefore is vitiated by a non-compliance with the rules of natural justice.
3. I have heard the learned counsel for the petitioner as also the learned Government Pleader for respondents 1 to 3.
4. The learned Government Pleader, on instructions, would submit that the 1st respondent has no objection in hearing the
W.P.(C) No. 14798/2015 petitioner and passing a fresh order in the matter. Taking note of the said submission of the learned Government Pleader on instructions, I quash Ext.P14, and direct the 1st respondent to pass fresh orders on Ext.P9 request preferred by the petitioner for acquisition of lands, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner and the 4th respondent.
The writ petition is disposed as above.
SD/- A.K.JAYASANKARAN NAMBIAR JV JUDGE