High Court of KeralaWP(C)/17107/2015disposed of

Bindu Antony v. State Of Kerala

2015-07-06Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 WP(C).No. 17107 of 2015 (K) ---------------------------- PETITIONER(S):

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1. BINDU ANTONY, AGED 42 YEARS D/O.PAULO ANTONY, PUTHENANGADY, THOTTAKATTUKARA ALUVA VILLAGE, NOW RESIDING AT NEDUMBALLI HOUSE KARUTHALA DESOM, CHERAI 683 514, KOCHI TALUK ERNAKULAM DISTRICT

2. SHESHA ANTONY D/O.LATE PAULO ANTONY, PUTHENANGADY, THOTTAKATTUKARA ALUVA VILLAGE, NOW RESIDING AT APPAPARAMBIL HOUSE ULIYANNUR 682 683, ALUVA WEST VILLAGE

3. MERCY ANTONY D/O.LATE PAULO ANTONY, PUTHENANGADY, THOTTAKATTUKARA ALUVA VILLAGE, NOW RESIDING AT KURISHINKAL HOUSE KOCHI TALUK, PINCODE 682 507, ERNAKULAM DISTRICT

4. SEENA ANTONY D/O.LATE PAULO ANTONY, PUTHENANGADY, ALUVA VILLAGE, NOW RESIDING ATMALIYEKKAL HOUSE, CHERAI P.O.683 514, KOCHI TALUK, ERNAKULAM DISTRICT

5. BIJU ANTONY S/O. LATE PAULO ANTONY, PUTHENANGADY, THOTTAKATTUKARA ALUVA VILLAGE, NOW RESIDING AT KOONAMMAVU, PARUR TALUK ERNAKULAM DISTRICT BY ADVS.SRI.K.S.BABU SMT.N.SUDHA SRI.K.S.GOPI SRI.BABU SHANKAR SRI.K.V.WINSTON RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT SECRETATRIAT, THIRUVANANTHAPURAM, PINCODE 695 001

2. THE SPECIAL TAHSILDAR (LA) OFFICE OF THE SPECIAL DEPUTY COLLECTOR (LA), NHDP CHEMBUKKAVU, THRISSUR DISTRICT 680 020

WP(C) No.17107/2015 : 2 :

THE DEPUTY COLLECTOR SLAO AND COMPETENT AUTHORITY NHDP, UNIT NO.2, CHEMBUKKAVU THRISSUR DISTRICT - 680 020 4.

PROJECT DIRECTOR NATIONAL HIGH WAY AUTHORITY INDIA NHAI, PALAKKAD, PINCODE - 678 007.

R4 BY ADV. SRI.THOMAS ANTONY, STANDING COUNSEL R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17107 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXT.P1:THE TRUE PHOTOSTAT COPY OF THE PURCHASE CERTIFICATE DATED 25.03.1977 IN OA.NO.1613/76 ISSUED BY THE LAND TRIBUNAL, ANGAMALY TO PAULO ANTONY EXT.P2:THE TRUE PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE NO.1000/2015 DATED 27.05.2015 ISSUED BY THE VILLAGE OFFICE, ALUVA WEST VILLAGE EXT.P3:THE TRUE PHOTOSTAT COPY OF THE LAND TAX RECEIPT NO.4781188 DATED 28.05.215 ISSUED BY THE VILLAGE OFFICE, ALUVA WEST VILLAGE EXT.P4:THE TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 01.06.2015 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT EXT.P5:THE TRUE PHOTOSTAT COPY OF THE RECEIPT OF ACKNOWLEDGEMENT DATED 01.06.2015 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER EXT.P6:THE TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 01.06.2015 SUBMITTED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT RESPONDENT(S)' EXHIBITS : NIL.

----------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No. 17107 of 2015 --------------------- Dated this the 6th day of July, 2015

J U D G M E N T

The petitioners have already been paid compensation for 0.74 Ares of land acquired for the purpose of National Highway. The petitioners contend that the remaining extent of 0.11 Ares of land in their possession has been rendered useless by acquisition. The petitioners seek for acquiring the said extent of land also and them to be paid compensation accordingly. 2.

Ext.P6 representation filed by the petitioners in this regard is pending with the fourth respondent. I direct the fourth respondent to consider Ext.P6 representation with notice to the petitioners. The needful shall be done within a period of one month from the date of production of a copy of this judgment. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.