High Court of KeralaWP(C)/30943/2010dismissed

Jaya Benny v. State Of Kerala

2015-06-09Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 WP(C).No. 30943 of 2010 (P) ---------------------------- PETITIONERS:

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1. JAYA BENNY, 1/590A, KUPPAIL HOUSE, KANNADIKKADU, MARADU, ERNAKULAM-682 304.

2. BENNY JOHN, 1/590A, KUPPAIL HOUSE, KANNADIKKADU, MARADU, ERNAKULAM-682 304.

BY ADVS.SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SMT.THUSHARA JAMES RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA), CIVIL STATION, KALPETTA NORTH, WAYANAD, PIN-673 122.

2. DISTRICT COLLECTOR, CIVIL STATION, KALPETTA NORTH, WAYANAD PIN-673 122.

3. THE WAYANAD DISTRICT PANCHAYAT OFFICE, CIVIL STATION, KALPETTA NORTH, PIN-673 122.

R,R3 BY ADV. SRI.ANIL XAVIER R,R3 BY ADV. SRI.M.SHAHEED AHMAD R,R3 BY ADV. SMT.K.INDU (POURNAMI) BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 30943/2010 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE NOTIFICATION DATED 17.11.2007 PUBLISHED BY THE 1ST RESPONDENT EXHIBIT P2 :

TRUE COPY OF THE APPLICATION DATED 20.04.2010 BY THE PETITIONERS HEREIN TO THE 3RD RESPONDENT EXHIBIT P3 :

TRUE COPY OF THE LETTER DATED 08.03.2010 ADDRESSED BY THE SECRETARY OF THE 3RD RESPONDENT TO THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT EXHIBIT P4 :

TRUE COPY OF THE APPLICATION DATED 07.07.2010 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 30943 OF 2010 ------------------------------------ Dated this the 9th day of June, 2015

JUDGMENT

Lapse of land acquisition proceedings cannot be equated to a conscious withdrawal. It is so held in Abdul Majeed Vs. District Collector [1993 (2) KLT 317 (DB)]. The land acquisition in the instant case has lapsed. Compensation under Section 48 of the Land Acquisition Act arises only when there is a conscious withdrawal. The claim for compensation under Section 48 of the Land Acquisition Act is not maintainable. The Writ Petition fails and is dismissed.

V. CHITAMBARESH JUDGE ncd