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High Court of KeralaWP(C)/31940/2013dismissed

Devasia Chacko v. The Special Tahsildar (La)(Nh)

2013-12-20Honourable Mr.Justice K.Surendra Mohan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN FRIDAY, THE 20TH DAY OF DECEMBER 2013/29TH AGRAHAYANA, 1935 WP(C).No. 31940 of 2013 (N) ---------------------------- PETITIONERS -------------

1. DEVASIA CHACKO, MATHEMPARA HOUSE, CHERUVALLY.P.O.

2. SAVIO EAPPEN, KALTHOOR PUTHIYAVEETTIL HOUSE, CHERUVALLY.

3. EAPPEN JOHNY, PUTHIAVEETTIL HOUSE, CHERUVALLY.P.O.

4. TESSY SEBASTIAN, W/O.SEBASTIAN, PUTHIYAVEETTIL HOUSE, CHERUVALLY.

5. SEBASTIAN, S/O.EAPPEN, KALATHOOR PUTHIYAVEETTIL, CHERUVALLY.P.O. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S)/RESPONDENTS:

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1. THE SPECIAL TAHSILDAR (LA)(NH)-PONKUNNAM, OFFICE OF THE SPECIAL TAHSILDAR(LA)(NH), PONKUNNAM.

2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION PONKUNNAM-682507.

BY GOVERNMENT PLEADER SMT C K SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkj

WP(C).No. 31940 of 2013 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 THE COPY OF AWARD PASSED BY THE IST RESPONDENT FIXING THE COMPENSATION DUE TO THE IST PETITIONER EXT.P1(A) THE COPY OF AWARD PASSED BY THE IST RESPONDENT FIXING THE COMPENSATION DUE TO THE 2ND PETITIONER WITH RESPECT TO 06.92 ACRES OF LAND EXT.P1(B) THE COPY OF AWARD PASSED BY THE IST RESPONDENT FIXING THE COMPENSATION DUE TO THE 2ND PETITIONER WITH RESPECT TO 03.27 ACRES OF LAND EXT.P1(C) THE COPY OF AWARD PASSED BY THE IST RESPONDENT FIXING THE COMPENSATION DUE TO THE 2ND PETITIONER WITH RESPECT TO 04.22 ARES OF LAND EXT.P1(D) THE COPY OF AWARD PASSED BY THE IST RESPONDENT FIXING THE COMPENSATION DUE TO THE 3RD PETITIONER EXT.

P1(E) THE COPY OF AWARD PASSED BY THE IST RESPONDENT FIXING THE COMPENSATION DUE TO THE 4TH PETITIONER EXT.PP1(F) THE COPY OF AWARD PASSED BY THE IST RESPONDENT FIXING THE COMPENSATION DUE TO THE 5TH PETITIONER WITH RESPECT TO 0.14 ARES OF LAND EXT.P1(G) THE COPY OF AWARD PASSED BY THE IST RESPONDENT FIXING THE COMPENSATION DUE TO THE 5TH PETITIONER WITH RESPECT TO 02.01.ARES OF LAND EXT.P1(H) THE COPY OF AWARD PASSED BY THE IST RESPONDENT FIXING THE COMPENSATION DUE TO THE 5TH PETITIONER WITH RESPECT TO 01.31 ARES AND 00.61 ARES OF LAND EXT.P2 THE COPY OF THE AGREEMENT DATED 16/6/2009 ALONG WITH COPY OF THE SAME ENTERED IN BETWEEN THE IST PETITIONER AND THE IST RESPONDENT EXT.P2(A) THE COPY OF THE AGREEMENT DATED 11/11/2008 ALONG WITH THE TYPED COPY OF THE SAME ENTERED IN BETWEEN THE 2ND PETITIONER AND THE IST RESPONDENT EXT.

P2(B) THE COPY OF THE AGREEMENT DATED 3/10/2008 ALONG WITH THE TYPED COPY OF THE SAME ENTERED IN BETWEEN THE 3RD PETITIONER AND THE IST RESPONDENT EXT.P2(C) THE COPY OF THE AGREEMENT DATED 18/8/2008 ALONG WITH THE TYPED COPY OF THE SAME ENTERED IN BETWEEN THE 4TH PETITIONER AND THE IST RESPONDENT EXT.P2(D) THE COPY OF THE AGREEMENT DATED 20/8/2008 ALONG WITH THE TYPED COPY OF THE SAME ENTERED IN BETWEEN THE 5TH PETITIONER AND THE IST RESPONDENT EXT.

EXT.P3(A) THE COPY OF THE APPLICATION DATED 27/10/2010 FILED BY THE 2ND PETITIONER UNDER SECTION 28A OF LAND ACQUISITION ACT. EXT.P3(B) THE COPY OF THE APPLICATION DATED 27/10/2010 FILED BY THE 3RD PETITIONER UNDER SECTION 28A OF LAND ACQUISITION ACT EXT.P3(C) THE COPY OF THE APPLICATION DATED 27/10/2010 FILED BY THE 4TH PETITIONER UNDER SECTION 28A OF LAND ACQUISITION ACT EXT.P3(D) THE COPY OF THE APPLICATION DATED 27/10/2010 FILED BY THE 5TH PETITIONER UNDER SECTION 28A OF LAND ACQUISITION ACT EXT.P4 THE COPY OF THE ORDER DATED 16/11/2010 PASSED BY THE IST RESPONDENT REJECTING EXHIBIT P3 APPLICATION EXTP4(A) THE COPY OF THE ORDER DATED 16/11/2010 PASSED BY THE IST RESPONDENT REJECTING EXHIBIT P3(B)APPLICATION EXT.P4(B) THE COPY OF THE ORDER DATED 16/11/2010 PASSED BY THE IST RESPONDENT REJECTING EXHIBIT-P3(B)APPLICATION EXT.

P4(C) THE COPY OF THE ORDER DATED 16/11/2010 PASSED BY THE IST RESPONDENT REJECTING EXHIBIT P3(C) APPLICATION EXT.P4(D) THE COPY OF THE ORDER DATED 16/11/2010 PASSED BY THE IST RESPONDENT REJECTING EXHIBIT P3(D) APPLICATION.

K.SURENDRA MOHAN, J.

--------------------------------------------- W.P.(C) No.31940 of 2013-N ---------------------------------------------- Dated this the 20th day of December, 2013

J U D G M E N T

The petitioners challenge Exhibit P4 series orders, by which applications submitted by them under Section 28A of the Land Acquisition Act, 1894 have been rejected. I notice that all the orders that are under challenge are of the year 2010. The explanation of the petitioners for the delay in challenging Exhibit P4 series orders is contained in paragraph 8 of the writ petition. What is stated is that their counsel had advised them to get copies of the relevant records and the copies could be obtained only by the end of 2012. Even accepting the said explanation in full, there is no explanation for the delay of one year during 2013, that has followed. No details regarding the period prior to 2012 is also available. Therefore, I am not satisfied that there are any grounds to entertain the present belated challenge against Exhibit P4 series orders. This writ petition is therefore dismissed.

K.SURENDRA MOHAN, JUDGE kkj