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C.EAPPEN, KALLIYIL PUTHEN VEEDU versus STATE OF KERALA

High Court of Kerala

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C.EAPPEN, KALLIYIL PUTHEN VEEDU v. STATE OF KERALA - WP(C) No. 30725 of 2006 [2006] RD-KL 3638 (18 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30725 of 2006()

1. C.EAPPEN, KALLIYIL PUTHEN VEEDU,
... Petitioner

2. P.M.THOMAS, NADATHIVILA PUTHEN VEEDU,

3. GEEVARGHESE UMMAN,

4. KOSHY, PADIPURAKKAL THAKKEPUTHEN VEEDU,

5. ALEYAMMA, THEDATHIVILA VEEDU,

6. G.GEORGE, VAKKURVILA VEEDU,

7. S.KUNJAMMA, THEKKEVILA VEEDU,

8. G.KOSHY, MANOJ BHAVAN,

9. YOHANNAN, KALLIYIL PUTHEN VEEDU,

Vs

1. STATE OF KERALA,
... Respondent

2. THE DISTRICT COLLECTOR,

3. THE SPECIAL TAHSILDAR,

For Petitioner :SRI.PRATHEESH.P

For Respondent :ADDL.ADVOCATE GENERAL

The Hon'ble MR. Justice K.T.SANKARAN

Dated :18/12/2006

O R D E R

K.T. SANKARAN, J.

................................................................................... W.P.(C) No. 30725 OF 2006 ...................................................................................

Dated this the 18th December , 2006



J U D G M E N T

The lands belonging to the petitioners were acquired and award was passed on 20.07.1987. The petitioners did not make any application under section 18 of the Land Acquisition Act. However, at the instance of another claimant, L.A.R.No. 330 of 1989 was taken and Ext. P1 judgment was passed on 30.06. 1997 granting enhanced compensation. It is stated that the land belonging to the petitioners and the land involved in L.A.R.No. 330 of 1989 were acquired under the same notification and for the same purpose. The petitioners made applications under section 28A of the Land Acquisition Act . Exts. P2(a) to P2(l) are notices issued by the Special Tahsildar (Land Acquisition) directing the petitioners to appear on 21.06.2006 for enquiry in respect of the applications submitted by the petitioners under section 28A of the Act. The grievance of the petitioners is that though the enquiry was over on 21.06.2006, no final orders have been passed in the applications submitted by the petitioners.

2. Learned Government Pleader, on instruction, submits that the applications filed by the petitioners under section 28A of the Act would be W.P.(C) No. 30725 OF 2006 2 disposed of in accordance with the priority. It is also submitted that several similar cases are pending.

3. In the facts and circumstances of the case, there will be a direction to the third respondent to dispose of the applications submitted by the petitioners under section 28A of the Land Acquisition Act and referred to in Exts. P2 (a) to P2(l), as expeditiously as possible and at any rate, within a period of six months from today. W.P.(C) is disposed of as above. K.T. SANKARAN,

JUDGE.

lk


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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