T R Girijakumari v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 WP(C).No. 21320 of 2015 (L) ---------------------------------------- PETITIONERS:
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T R GIRIJAKUMARI DEVASWAM PADAVIL, VALAVOOR, PALA, NOW RESIDING AT SUDARSANAM, HARMONY VILLAS, VATTAMPARAMBU LANE, AZAD ROAD, KALOOR, COCHIN - 17 2.
R. AJI, S/O. K.N. RAGAVAN NAIR, DEVASWAM PADAVIL, VALAVOOR, PALA, NOW RESIDING AT FLAT NO. D3, AKASH RESIDENCY, CHELEKARA MAIN ROAD, KALYAN NAGAR, BANGALORE - 43 3.
P.C. BINU, S/O. LATE S. VIMALADEVI, PONNORATH (H) PUNNATHARA WEST, ETTUMANOOR, KOTTAYAM 4.
P.C. MANU, S/O. LATE S. VIMALADEVI, PONNORATH (H) PUNNATHARA WEST, ETTUMANOOR, KOTTAYAM BY ADVS.SRI.J.KRISHNAKUMAR SRI.JAISHANKAR V.NAIR SMT.P.D.SHEEJA RESPONDENTS:
---------------------------- 1.
STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INFORMATION TECHNOLOGY GOVT. SECRETARIAT, THIRUVANANATHAPURAM - 695 001 2.
DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM,PIN - 686 001 3.
SPECIAL TAHSILDAR, (LAND ACQUISITION) (GENERAL), CIVIL STATION, PALA KOTTAYAM, PIN - 686 576 BY SR. GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21320 of 2015 (L) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE PARTITION DEED NO. 218/1999 OF SRO MEENACHIL EXHIBIT-P2: TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT TO THE 1ST PETITIONER DATED 20.12.2014 EXHIBIT-P3: TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT TO THE 1ST PETITIONER DATED 06.05.2015 EXHIBIT-P4: TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT TO THE 3RD AND 4TH PETITIONER DATED 06.05.2015 EXHIBIT-P5: TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT TO THE 3RD AND 4TH PETITIONER DATED 06.05.2015 EXHIBIT-P6: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE THIRD RESPONDENT DATED 20.06.2015 EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE THIRD RESPONDENT DATED 20.06.
2015 EXHIBIT-P8: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE THIRD RESPONDENT DATED 20.06.2015 EXHIBIT-P9: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER BEFORE THE THIRD RESPONDENT DATED 20.06.2015 EXHIBIT-P10: TRUE COPY OF THE COMMON JUDGMENT IN W.P.(C). 18580/2015 AND 18786/2015 DATED 24.06.2015 RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A.
V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 21320 OF 2015 ---------------------------------------- Dated this the 15th day of July, 2015
JUDGMENT
W.P.(C).Nos.18580/2015 and 18786/2015 filed by persons similarly situated have been disposed of by Ext. P10 judgment. The directions therein which are extracted below will govern the petitioners herein also:- i) The petitioners shall not be dispossessed except after paying 80% of the compensation amount (new rate) tentatively suggested by the District Collector in the proceedings dated 02.06.2014 subject to the production of requisite documents and executing the necessary agreements.
ii) The receipt of the compensation as above by the petitioners will be without prejudice to their right for determination of the compensation under the Right to Fair Compensation and Transparency in Land
W.P.(C). NO. 21320 OF 2015 2 Acquisition, Rehabilitation and Resettlement Act, 2013 which has come into force with effect from 01.01.2014. iii) No income tax shall be deducted from the compensation amount payable to the petitioners in view of Section 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The writ petition is disposed of.
V. CHITAMBARESH JUDGE DCS