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High Court of KeralaWP(C)/30813/2013dismissed

Sebastian Chokkattu v. The Special Thasildar (La)

2015-05-21Honourable Mr. Justice Devan Ramachandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 WP(C).No. 30813 of 2013 (B) ---------------------------- PETITIONERS:

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1. SEBASTIAN CHOKKATTU, S/O.C.V.JOSEPH, 1A, SUMMER CASTLE APARTMENTS, DESOM P.O., ALUVA - 683 103.

2. OLIVIA CHOKKATTU, D/O. SEBASTIAN CHOKKATTU, 1A, SUMMER CASTLE APARTMENTS, DESOM P.O., ALUVA - 683 103.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS:

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1. THE SPECIAL THASILDAR (LA) GENERAL KAKKANAD, ERNAKULAM - 682 030.

2. STATE OF KERALA, REPRESENTED BY ITS SECRETAR TO GOVERNMENT THIRUVANANTHAPURAM - 695 001.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30813 of 2013 (B) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DATED 13/06/2008 WITH AWARD.

EXHIBIT P2 - TRUE COPY OF THE REPRESENTATION DATED 30/06/2008 SUBMITTED BEFORE THE RESPONDENT.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 30813 OF 2013 ------------------------------------ Dated this the 21st day of May, 2015

JUDGMENT

The petitioner seeks a reference under Section 18 of the Land Acquisition Act. Ext.P2 representation allegedly filed by the petitioner is relied on. The first respondent has filed a detailed counter affidavit.

2.

The counter affidavit states that the petitioner did not participate in the award enquiry. The petitioner did not also file an application for reference as alleged. Ext.P2 application allegedly filed by the petitioner was not found in the records on verification.

3.

The petitioner has to resort to Section 28A of the Land Acquisition Act if the same is maintainable. No case for reference under Section 18 of the Land Acquisition has been made out.

The Writ Petition is dismissed. No costs.

V. CHITAMBARESH JUDGE ncd