P V Shareefabi v. The District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 37273 of 2015 (H) ---------------------------- PETITIONER:
------------------- P V SHAREEFABI, AGED 50 YEARS, W/O MOHAMMED ALI, FLAT NO.703, PRABHATH RESIDENCY FORT ROAD, KANNUR DISTRICT-670 001.
BY ADV. SMT.C.G.PREETHA RESPONDENTS:
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1. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR DISTRICT-670 002.
2. THE REVENUE DIVISIONAL OFFICER, THALASSERY-670101.
3. THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF TOURISM, SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 37273 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- P1 :
A TRUE COPY OF THE SALE DEED NO.825/1983 DATED 04.04.1983 OF BALIAPURAM SUB REGISTRY.
P2 :
A TRUE COPY OF THE TAX RECEIPT DATED 24.04.2014. P3 :
A TRUE COPY OF THE NOTICE ISSUED BY THE RDO,THALASSERY DATED 20.06.2008.
P4 :
A TRUE COPY OF THE LAWYER NOTICE DATED 10.09.2014 ISSUED TO THE REVENUE DIVISIONAL OFFICER,THALASSERY.
RESPONDENT(S)' EXHIBITS:
NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/
A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 37273 of 2015 ===================================================== Dated this the 16th day of December, 2015
JUDGMENT
The petitioner, who is stated to be in absolute ownership and possession of 40.47 Ares of land in R.Sy. No. 18/2 of Azhikode North Village, Kannur District, is aggrieved by the inaction on the part of the respondents in taking further steps pursuant to Ext.P3 notice, that was issued by the 2nd respondent, intimating the petitioner that the land belonging to her would be required for construction of a boat jetty complex in connection with a tourism project envisaged by the State Government. When the matter came up for orders today, it is submitted by the learned Government Pleader on behalf of the respondents that, pursuant to Ext.P3 notice, no further steps were taken by the respondents, in accordance with the provisions of the Land Acquisition Act and hence, the notification has since lapsed.
It is also pointed out that the Government does not wish to pursue the project for which the land was initially contemplated for acquisition, and hence the property can be declared as free of any proceedings under the Land Acquisition Act.
-2W.P.(C). No. 37273 of 2015 petition is closed by declaring that the property aforementioned is not the subject matter of any acquisition proceedings under the Land Acquisition Act, 1894.
sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /16.12.15