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High Court of KeralaWP(C)/28198/2011dismissed

V.Krishna Shenoy v. The State Of Kerala

2015-02-09Honourable Mr.Justice V.Chitambaresh5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 -------------------------------------- PETITIONERS:

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1. V.KRISHNA SHENOY LAKSHMI MACHINE WORKS, P.N.PALAYAM, COIMBATORE NOW RESIDING AT KOTTUKULANGARA, `KAMAL NIVAS' THURAVUR P.O., ALAPPUZHA DISTRICT.

2. V.V.CHANDRAMATHI BAI, WIFE OF KRISHNA SHENOY, `KAMAL NIVAS', THURAVUR P.O. ALAPPUZHA DISTRICT.

BY ADVS.SRI.V.L.SHENOY SRI.L.JAYAWANTH RESPONDENTS:

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1. THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR ALAPPUZHA-688 012.

2. THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL), ALAPPUZHA-688 012. * ADDL. R3 IS IMPLEADED

3. THE THURAVOOR COMMUNITY HEALTH CENTRE HOSPITAL MANAGING COMMITTEE, THURAVOOR.P.O., CHERTHALA REPRESENTED BY ITS CHAIRMAN.

* ADDL. R3 IS IMPLEADED AS PER ORDER IN I.A. NO. 10872/2012 DATED 09.08.2012 ** ADDL. R4 & R5 ARE IMPLEADED

4. C.P.VIJAYAN @ C.P.BABU SON OF LATE C.K.PURUSHOTHAMAN, CHANIYIL HOUSE THIRUMALA BHAGOM PO., THURAVOOR CHERTHALA, ALAPPUZHA PIN - 688 540.

5. K.A.ABRAHAM (KUNJAPPACHAN) EX.MEMBER OF PANCHAYATH, SON OF K.V.ABRAHAM THEKKANEZHATH(KAKKARAVELI), VALAVANGALAM SOUTH THURAVOOR CHERTHALA, ALAPPUZHA, PIN - 688 532. ** ADDL.R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 03.02.2015 IN IA 246/15.

R1 & R2 BY GOVERNMENT PLEADER SRI. T. R. RAJESH ADDL. R3 BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR ADDL.R4 & R 5 BY ADV. SRI.P.SANTHOSH KUMAR (TR) SRI.T.P.SAJAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S) EXHIBITS :- EXHIBIT P1- COPY OF THE DELIVERY KYCHIT DATED 28.3.2003 IN E.P.291/2001 IN O.S.35/1969 ON THE FILE OF SUB COURT, CHERTHALA.

EXHIBIT P2- COPY OF JUDGEMENT DATED 4.11.2005 IN WPC 11737/2005 ON THE FILE OF HIGH COURT OF KERALA.

EXHIBIT P3- COPY OF ORDER DATED 4.10.2004 IN WP(C) 28207/2004 ON THE FILE OF HIGH COURT OF KERALA.

EXHIBIT P4- COPY OF THE JUDGEMENT DATED 26.5.2004 IN WP(C) 9760/04 ON THE FILE OF HIGH COURT OF KERALA.

EXHIBIT P5- COPY OF THE JUDGEMENT DATED 16.3.2006 IN WP(C) 7291/2006 ON THE FILE OF HIGH COURT OF KERALA. EXHIBIT P6- COPY OF THE JUDGEMENT DATED 17.8.2006 IN WP(C) 9229/2006 ON THE FILE OF HIGH COURT OF KERALA. EXHIBIT P7- COPY OF THE JUDGEMENT DATED 17.8.2006 IN CON.CASE (C) 519/2006 ON THE FILE OF HIGH COURT OF KERALA. EXHIBIT P8- COPY OF THE MEMO DATED 4.7.2006 FILED IN CON.CASE (C) 519/2006 ON THE FILE OF HIGH COURT OF KERALA. EXHIBIT P9- COPY OF THE ORDER DATED 11.6.2008 IN R.P.551/2008 IN WP(C) NO.9229/2006 ON THE FILE OF HIGH COURT OF KERALA.

EXHIBIT P10- COPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHUMI DAILY DATED 10.4.2010.

EXHIBIT P11- COPY OF NOTICE NO.B1-6039/2003 DATED 8.7.2010 ISSUED BY 2ND RESPONDENT.

EXHIBIT P12- COPY OF OBJECTIONS FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P13- COPY OF THE OBJECTIONS FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 17.5.2010.

EXHIBIT P14- COPY OF THE ORDER NO.L.R.(C4) 45847/10 DATED 7.5.2011 OF THE 2ND RESPONDENT.

EXHIBIT P15- COPY OF NOTICE NO.LAC-2/2011 DATED 1.10.2011 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS :- EXHIBIT R3(a)- COPY OF THE COMMUNICATION NO. B.1-6099/2013 OF THE FOURTH RESPONDENT DATED 1.8.2011 EXHIBIT R3(b)- COPY OF THE G.O. (ORD). NO. 2245/2011/ LSGD DATED 28.09.2011 EXHIBIT R3(c)- COPY OF THE RECEIPT 29.09.2011 ISSUED BY THE FOURTH RESPONDENT EXHIBIT R3(d)- COPY OF THE PROCEEDINGS DATED 28.05.2012 OF THE DISTRICT COLLECTOR, ALAPPUZHA EXHIBIT R3(e)- COPY OF THE COMMUNICATION NO. B1- 6039/03 DATED 02.06.2012 EXHIBIT R4(a)- COPY OF THE PUBLICATION PUBLISHED IN THE GAZETTE DATED 10.05.2011 VIDE REFERENCE NO. LRC 4-45847/2010 DATED 09.05.2011 /TRUE COPY/ P.A TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 28198 OF 2011 ---------------------------------------- Dated this the 09th day of February, 2015

JUDGMENT

The principal contention of the petitioners is that the notification under Section 4(1) of the Land Acquisition Act, 1894 was not followed by a declaration under Section 6 thereof within one year. This is belied by the additional counter affidavit filed by the second respondent which reflects that the notification under Section 4(1) of the Land Acquisition Act was published on 04.06.2010 and that the declaration under Section 6 of the Land Acquisition Act was published on 10.05.2011. The acquisition is for a Community Health Centre and the amount has already been deposited pursuant to the award in the Land Acquisition Case.

2.

The writ petition is dismissed without prejudice to the right of the petitioners to challenge the award or seek enhancement of compensation.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE