Subramanian Namboothiri v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 WP(C).No. 21611 of 2015 (B) -------------------------------------- PETITIONER:

-------------------------- SUBRAMANIAN NAMBOOTHIRI PUNNASSERI KARINGAMAN ILLAM, CHERUTHANA.P.O, HARIPAD ALAPPUZHA.

BY ADVS.SRI.P.SREEKUMAR SRI.S.PRASANTH SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SMT.UMA SRI.K.NANDAKUMAR SMT.V.A.HARITHA SMT.P.M.MAZNA MANSOOR SRI.P.VIVEK.

RESPONDENTS:

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

1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.

2. ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

3. THE DISTRICT COLLECTOR, ALAPPUZHA.

4. THE SPECIAL TAHSILDAR, LAND ACQUISITION(RAILWAYS), KAYAMKULAM.

5. THE DIVISIONAL MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM.

R1 TO R4 BY GOVERNMENT PLEADER SRI. GIKKU JACOB R5 BY SRI.C.S.DIAS, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 21611 of 2015 (B) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER. EXT.P2.

A TRUE COPY OF THE COMMUNICATION DATED 08-11-2013 ISSUED BY THE 4TH RESPONDENT.

EXT.P3.

A TRUE COPY OF THE PETITION DATED 13-11-2013 SUBMITTED BY THE PETITIONER.

EXT.P4.

A TRUE COPY OF THE JUDGMENT IN WPC 3153 OF 2015. RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 21611 OF 2015 ---------------------------------------- Dated this the 23rd day of July, 2015

JUDGMENT

The amount of compensation tentatively fixed by the third respondent District Collector shall immediately be disbursed to the petitioner. This however will be without prejudice to the right of the petitioner for determination of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. All other contentions are left open.

2.

Nothing has been brought to my notice to show that an award has been passed in terms of Section 11 of the Land Acquisition Act, 1894 which cannot be done now also. The right of the petitioner under Section 24(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is therefore preserved.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS