High Court of KeralaWP(C)/30430/2014disposed of

Jasmine v. State Of Kerala

2015-01-09Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 30430 of 2014 (C) ---------------------------- PETITIONER:

-------------- JASMINE, AGED 44 YEARS W/O.BEERANKUTTY K.E., PAYYANAD AMSOM, NELLIKUTHU P.O, ERNAD TALUK MALAPPURAM DT.

BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS:

-----------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM-695 001.

2. THE DISTRICT COLLECTOR MALAPPURAM - 676 505

3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS), MANJERI MALAPPURAM 676 505

4. THE SPECIAL TAHSILDAR (LA) GENERAL MALAPPURAM 676 505.

R BY GOVERNMENT PLEADER SRI.S.JAMAL.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30430 of 2014 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1 - A COPY OF THE PARTITION DEED DTD.9-11-1926 EXT.P2 - A COPY OF THE SETTLEMENT DEED NO.1504/1992 OF MANJERI SUB REGISTRY DTD.6-4-1992 EXT.P3 - A COPY OF THE TAX RECEIPT DTD.10-7-2006 EXT.P4 - A COPY OF THE LETTER NO.B-6991/2000 DATED 09-07-2010 ISSUED BY THE TAHSILDAR, ERANAD TALUK.

EXT.P5 - COPY OF THE LETTER DTD.18-5-1995 EXT.P6 - A TRUE COPY OF THE NOTIFICATION EXT.P7 - A COPY OF THE LAWYER NOTICE ISSUED BY THE 1ST PETITIONER EXT.P8 - A COPY OF THE 'KACHEET' OF 17-08-1871 EXT.P9 - A COPY OF THE NOTIFICATION DATED 08-10-2014 RESPONDENT(S)' EXHIBITS : NIL.

---------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.30430 of 2014 --------------------- Dated this the 9th day of January, 2015

J U D G M E N T

The grievance of the petitioner is that lands belonging to her and in her possession have been shown as 'Sathram land' in the proceedings for acquisition of land. The petitioner has in this regard submitted Ext.P7(2) objection to the second respondent. I permit the petitioner to submit a supplemental objection to respondents 2 and 4 within three weeks from today. The competent amongst respondents 2 and 4 shall deal with the same in accordance with law. The same deserves to be dealt with after notice to the petitioner within a period of two months after its receipt. The provisions of Section 15 of the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 shall be borne in mind in the exercise.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.