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High Court of KeralaWP(C)/30369/2014disposed of

Baiju K.S v. The State Of Kerala

2015-07-28Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 WP(C).No. 30369 of 2014 (U) ---------------------------- PETITIONERS:

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1. BAIJU K.S., T.C.8/299(1), RA 224, THIRUMALA P.O., THIRUVANANTHAPURAM.

2. M.H.ROBHINSON, TC.18/88, ANUGRAHA, JRA 608, THIRUMALA P.O., THIRUVANANTHAPURAM.

3. VIJAYARAJ, VATTAVILA, KUNNAPUZHA, ARAMADA P.O., THIRUMALA.

4. PREM CHANDRAN NAIR, SECRETARY, JANAKSHEMA SAMITHY CHARITABLE SOCIETY, PUTHANKADA, THIRUMALA P.O., THIRUVANANTHAPURAM - 695 006.

BY ADVS.SRI. VEMBAYAM A.A. HAKKIM SRI.A.CHANDRA BABU SMT.S.S.LOVE LI N SITHARA RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIATE, STATUE, THIRUVANANTHAPURAM-695001.

2. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM, COLLECTORATE, KUDAPPANAKUNNU THIRUVANANTHAPURAM-695001.

3. THE SPECIAL THASILDAR L.A., PWD (SOUTHERN CIRCLE), FORT THIRUVANANTHAPURAM 695001.

R3 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30369 of 2014 (U) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE SALE DEED NO.2085/10.

EXHIBIT P2 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER 1 TO 3 DATED 22.02.2014.

EXHIBIT P3 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER DATED 1.1.2014.

EXHIBIT P4 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 30369 OF 2014 ------------------------------------ Dated this the 28th day of July, 2015

JUDGMENT

It is not a dispute that the price of the property of the petitioners was fixed by negotiation. The same was not in accordance with the provisions of the Land Acquisition Act, 1894.

2.

Therefore no case for making a reference under Section 18 of the Land Acquisition Act, 1894 arises. The petitioners are free to negotiate with the respondents for additional compensation if they are entitled to if any. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd