High Court of KeralaWP(C)/32587/2009dismissed for default

Amminiamma v. The Chief Secretary

2015-06-04Honourable Mr. Justice Anil K.Narendran2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 WP(C).No. 32587 of 2009 (P) ---------------------------- PETITIONER(S):

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1. AMMINIAMMA, D/O. NARAYANIAMMA, KULATHINATHU VADAKKATHIL, ANARI, CHERUTHANA.P.O ALAPPUZHA DISTRICT.

2. NISHA, D/O. MAIDEEN KUNJU, ALUMOOTTIL, ANARI, CHERUTHANA.P.O ALAPPUZHA DISTRICT.

BY ADVS.SRI.A.MOHAMMED SRI.A.ABDUL LATHEEF RESPONDENT(S):

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1. THE CHIEF SECRETARY, GOVT. OF KERALA, THIRUVANANTHAPURAM.

2. THE DISTRICT COLLECTOR, ALAPPZHA.

3. RASHEEDA BEEVI, SPECIAL TAHSILDAR, LA (RAILWAY), KAYAMKULAM.

4. THE DISTRICT SURVEY SUPERINTENDENT, ALAPPUZHA DISTRICT.

5. GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI.

6. THE DIVISIONAL MANAGER, SOUTHEN RAILWAY, THIRUVANANTHAPURAM.

7. T.K. CHANDRAN, PERMANENT WAY ENGINEER, SOUTHERN RAILWAY, ALAPPUZHA. R5 & R6 BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS R1 BY ADV.SOJAN JAMES, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JV

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.32587 of 2009 ---------------------------------------------- Dated this the 4th day of June, 2015

JUDGMENT

The petitioners have filed this writ petition seeking a writ of certiorari quashing the notice issued by the 3rd respondent under Section 4(1) of Land Acquisition Act, 1894 referred to in Ext.P1 and Ext.P5 declaration published under Section 6(1) of the aforesaid Act. The petitioner has also made an alternative prayer commanding the 2nd respondent to rehabilitate the 1st petitioner suitably by providing a similarly situated land with dwelling house.

2. On 29.5.2015, when the case was taken up for final hearing, there was no representation for the petitioners and therefore, the matter was posted to today for further consideration. Today also, there is no representation for the petitioner. The learned Standing Counsel for Southern Railway submits that he has no instruction from the Railway as to the present stage of the acquisition proceedings. In such circumstances, this writ petition is dismissed for default.

SD/- ANIL K. NARENDRAN, JV JUDGE