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High Court of KeralaWP(C)/18927/2012disposed of

Anil Kumar v. State Of Kerala

2015-02-25Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 WP(C).No. 18927 of 2012 (M) -------------------------------------- PETITIONER:

-------------------------- ANILKUMAR SREENARAYANA BHAVAN CHAKKAVILAKOM CHAKKAI PETTAH VILLAGE, THIRUVANANTHAPURAM BY ADV. SRI.R.GOPAN RESPONDENTS:

----------------------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

2. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM - 695 001

3. THE SPECIAL TAHSILDAR LAND ACQUISITION(INTERNATIONAL AIRPORT) THIRUVANANTHAPURAM - 695 001 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18927 of 2012 (M) APPENDIX PETITIONER(S)' EXHIBITS :- ------------------------------------- EXT.P1 TRUE COPY OF THE AWARD NOTICE DATED 21/06/2003 IN LAC 200/99 OF THE SPECIAL TAHSILDAR INTERNATIONAL AIRPORT THIRUVANANTHAPURAM EXT.P2 TRUE COPY OF THE BACK SIDE OF THE AWARD NOTICE EVIDENCING THE SERVICE OF NOTICE ON THE PETITIONER. EXT.P3 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO 30503/2008 DTD 5/11/2008 EXT.P4 TRUE COPY OF THE JUDGMENT IN RP NO 42/2009 IN WPC NO 30503/2008 DTD 20/02/2009 EXT.P5 TRUE CERTIFIED COPY OF THE REFERENCE APPLICATION DTD 2/8/2003 FILED BY THE PETITIONER.

EXT.P6 TRUE COPY OF THE REPRESENTATION DTD 23/02/2012 SUBMITTED BY ADVOCATE HAREENDRAN ON BEHALF OF THE PETITIONER.

EXT.P7 TRUE COPY OF THE REPLY OF THE SPECIAL TAHSILDAR LA INTERNATIONAL AIRPORT THIRUVANANTHAPURAM DTD 14/05/ RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 18927 OF 2012 ---------------------------------------- Dated this the 25th day of February, 2015

JUDGMENT

It is now conceded in the counter affidavit filed by the third respondent that the application filed by the petitioner under Section 18 of the Land Acquisition Act, 1894 on 04.08.2003 is in time. Therefore nothing disables the third respondent to make a reference to the Court of the Subordinate Judge of Thiruvananthapuram under Section 18 of the Land Acquisition Act, 1894.

2.

The respondents are directed to refer the question of sufficiency of compensation to the Court of the Subordinate Judge of Thiruvananthapuram within a period of one month. The writ petition is disposed of.

V. CHITAMBARESH JUDGE