High Court of KeralaWP(C)/32046/2015disposed of

Usha. R v. State Of Kerala

2015-11-24Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 WP(C).No. 32046 of 2015 (E) ---------------------------- PETITIONER :

----------------------- USHA.R., AGED 44 YEARS, WIFE OF BHUVANACHANDRA KURUP, RESIDING AT PUTHUYADATHU PUTH VEEDU, CHADAYAMANGALAM, KOTTARAKKARA, KOLLAM.

BY ADVS.SRI.M.RAJENDRAN NAIR SRI.M.SANTHI RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 534.

2. THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM. PIN-691 001

3. SPECIAL TAHASILDAR, L.A.NO.II, KOLLAM. PIN-691 001 BY GOVERNMENT PLEADER SMT. LILLY.K.T.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 32046 of 2015 (E) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

THE TRUE COPY OF THE NOTICE TO AWARD IN L.A.C 3/01-02. EXT.P2 THE TRUE COPY OF THE APPLICATION FILED TO THE 2ND RESPONDENT DATED 12/2/2005.

EXT.P3.

THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT 02/1/2008.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 24th day of November, 2015 J U D G M E N T The petitioner, whose land was acquired by the Government for the purposes of construction of a play ground for the Chadayamangalam Grama Panchayath, is aggrieved by the inaction on the part of the respondents in processing an application filed by her under Section 28A (1) of the Land Acquisition Act. In the writ petition, the limited prayer of the petitioner is for a direction to the 2nd respondent to consider and pass orders on Ext.P2 application preferred by the petitioner under Section 28A of the Land Acquisition Act and disburse compensation payable to the petitioner in a time bound manner.

2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar and taking note of the submission of the learned Government Pleader on instructions that the application submitted by the petitioner are in the process of being considered, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P2

application preferred by the petitioner within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner, in case the petitioner has not already heard. A.K.JAYASANKARAN NAMBIAR JUDGE mns/24.11.2015