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High Court of KeralaWP(C)/22373/2015disposed of

Abraham v. The Special Tahsildar

2015-07-24Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).No. 22373 of 2015 (V) -------------------------------------- PETITIONERS:

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1. ABRAHAM, S/O.OUSEPH, PULIMOOTTIL HOUSE, KOLANI THODUPUZHA, IDUKKI DISTRICT.

2. THOMAS S/O.STEPHEN, PULIMOOTTIL HOUSE, KOLANI THODUPUZHA, IDUKKI DISTRICT.

3. JAMES S/O.STEPHEN, PULIMOOTTIL HOUSE, KOLANI THODUPUZHA, IDUKKI DISTRICT.

BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENTS:

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1. THE SPECIAL TAHSILDAR LAND ACQUISITIONS, THODUPUZHA, 685585.

2. DEPUTY COLLECTOR (LA & LR) COLLECTORATE, IDUKKI - 685 602

3. THE DISTRICT COLLECTOR - IDUKKI COLLECTORATE, IDUKKI-685602.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22373 of 2015 (V) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE NOTICE DATED 10.4.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P2: TRUE COPY OF THE REPLY DATED 20.4.2015 SUBMITTED BY THE 1ST PETITIONER.

EXHIBIT-P3: TRUE COPY OF THE NOTICE DATED 3.6.2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P3(A): TRUE COPY OF THE NOTICE DATED 3.6.2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P3(B): TRUE COPY OF THE NOTICE DATED 3.6.2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P4: TRUE COPY OF THE OBJECTION DATED 22.6.2015 SUBMITTED BY THE 1ST PETITIONER.

EXHIBIT-P5: TRUE COPY OF THE REPRESENTATION DATED 7.7.2015 SUBMITTED BY THE PETITIONERS.

EXHIBIT-P6: TRUE COPY OF A SALE DEED SHOWING THE ACTUAL MARKET PRICE OF THE PROPERTY IN THAT AREA.

RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 22373 OF 2015 ---------------------------------------- Dated this the 24th day of July, 2015

JUDGMENT

The first petitioner has filed Ext. P4 objection to Ext. P3 series notices. The notices are seen issued proposing land acquisition. The petitioners have filed Ext. P7 representation in addition.

2.

The petitioners seek compensation as well as the benefit under the rehabilitation scheme. The compensation is claimed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3.

Ext. P4 objection as well as Ext. P5 representation are pending with the third respondent. I direct the third respondent to consider Ext. P4 objection and Ext. P5 representation expeditiously. The same shall be done with notice to the petitioners within a period of two months.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE