V. Chandrasekharan Nair v. The District Collector, Thiruvananthapuram
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 33340 of 2014 (N) PETITIONERS:
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1. V. CHANDRASEKHARAN NAIR, AGED 52 YEARS S/O. VELAYUDHAN PILLAI, RESIDING AT GEETHAM, TC 6/1230 MARUTHANKUZHY, VATTIYOORKAVU THIRUVANANTHAPURAM-695 013.
2. GEETHA CHANDRASEKHARAN NAIR, AGED 50 YEARS D/O. SAROJINI AMMA, RESIDING AT GEETHAM, TC 6/1230 MARUTHANKUZHY, VATTIYOORKAVU THIRUVANANTHAPURAM-695 013. (BOTH ARE REPRESENTED BY THE POWER OF ATTORNEY HOLDER S.RAMESH KUMAR S/O. V.SUKUMARAN NAIR, AGED 44, RESHMI BHAVAN, TC 53/2253 NEMOM P.O., THIRUVANANTHAPURAM-695 023).
BY ADVS.SRI.D.GANESH KUMAR SMT.K.I.KAVITHA RESPONDENTS:
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1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU THIRUANANTHAPURAM-695 004.
2. SPECIAL TAHSILDAR (LA) PWD (SOUTHERN CIRCLE), FORT THIRUVANANTHAPURAM-695 004.
BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33340 of 2014 (N) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :
COPY OF THE SALE DEED DTD.26.6.2008 IN THE NAME OF PETITIONERS REGISTERED BEFORE CHALAI SUB REGISTRAR OFFICE, THIRUVANANTHAPURAM.
P2 :
COPY OF THE TAX RECEIPT ISSUED BY MANACAUD VILLAGE OFFICE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT. P3 :
COPY OF NOTICE UNDER SECTION 9(3) OF THE LAND ACQUISITION ACT, 1894 DTD.15.1.2009 ISSUED BY THE SPECIAL TAHSILDAR(LA), THIRUVANANTHAPURAM.
P4 :
COPY OF AWARD NOTICE UNDER SECTION 12(2) DTD.24.9.2009 ISSUED BY THE SPSECIAL TAHSILDAR(LA), THIRUVANANTHAPURAM. P5 :
COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED, IN FAVOUR OF THE PETITIONERS BY SPECIAL TAHSILDAR(LA), THIRUVANANTHAPURAM. P6 :
COPY OF JUDGMENT IN LAR 456/10 PASSED BY THE 2ND ADDL.SUB COURT, THIRUVANANTHAPURAM.
P7 :
COPY OF THE NOTARIZED POWER OF ATTORNEY EXECUTED IN FAVOUR OF S.RAMESH KUMAR BY THE PETITIONERS.
RESPONDENT(S)' EXHIBITS:-NIL /TRUE COPY/ P.A. TO JUDGE
V. CHITAMBARESH, J W.P.(C). NO. 33340 OF 2014 ---------------------------------------- Dated this the 30th day of January, 2015
JUDGMENT
The Government Pleader on instructions submits that the application put in by the petitioners for reference under Section 18A of the Land Acquisition Act has been rejected as time barred on 27.01.2011. The remedy open to the petitioners in these circumstances is to invoke Section 28A of the Land Acquisition Act for redetermination of compensation on fulfilling the conditions.
The writ petition is disposed of without prejudice to the right as above.
V. CHITAMBARESH JUDGE