High Court of KeralaWP(C)/18332/2015disposed of

P.K.Gopalan @ Gopalan Venduvazhy v. Union Of India

2015-06-18Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 WP(C).No. 18332 of 2015 (N) ---------------------------- PETITIONER(S):

-------------------------- P.K.GOPALAN @ GOPALAN VENDUVAZHY, AGED 58 YEARS, S/O KELAN, PUTHEEKAMOLATH, VENDUVAZHY, KOTHAMANGALAM - 686 691 BY ADVS.SMT.T.J.SEEMA SMT.BHAVANA VELAYUDHAN RESPONDENT(S):

---------------------------- 1.

UNION OF INDIA, REPRESENTED BY THE SECRETARY TO PUBLIC ADMINISTRATION, CENTRAL SECRETARIAT, NEW DELHI - 110 001

2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001

3. THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION WING - II) SOUTHERN RAILWAY, ERNAKULAM - 682 016

4. THE SPECIAL TAHSILDAR, LAND ACQUISITION (RAILWAY) TALUK OFFICE, PERUMBAVOOR - 683 542 R1 BY ADV. SRI.GIRISH KUMAR.V., CGC SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 BY GOVERNMENT PLEADER SRI.THOMAS JOHN AMBOOKEN R3 & R4 BY SRI.C.S.DIAS,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS

WP(C).No. 18332 of 2015 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXT.P1 :

TRUE COPY OF THE REPORT ISSUED BY THE 4TH RESPONDENT DATED 12.5.2015 EXT.P2 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE ACTION COUNSIL BEFORE THE GOVERNOR OF KERALA DATED 28.2.2015. EXT.P3 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE ACTION COUNSIL BEFORE THE PRIME MINISTER OF INDIA, DATED 7.11.2014. RESPONDENT(S)' EXHIBITS :

NIL -------------------------------------------- /TRUE COPY/ PA TO JUDGE VS

V.CHITAMBARESH, J ----------------------------------------------- W.P.(C).No.18332 of 2015 ----------------------------------------------- Dated this the 18th day of June, 2015

JUDGMENT

There was originally a proposal to acquire the land of the petitioner for Angamali - Sabari Rail Project. Even a notification under Section 4(1) of the Land Acquisition Act was published. The writ petition has been filed seeking to expedite the land acquisition proceedings.

2. The learned Standing Counsel for Indian Railways Sri.C.S.Dias was also heard. The Standing Counsel on instructions submits that the land acquisition proceedings have lapsed. No declaration under Section 6 of the Land Acquisition Act followed.

3. It goes without saying that the petitioner is free to deal with the land. The petitioner is at liberty to use or sell the same for any of his purposes.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH JUDGE vs