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R.MANOJKUMAR versus STATE OF KERALA

High Court of Kerala

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R.MANOJKUMAR v. STATE OF KERALA - WP(C) No. 28596 of 2006(D) [2007] RD-KL 1454 (18 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 28596 of 2006(D)

1. R.MANOJKUMAR,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE DISTRICT COLLECTOR, CIVIL STATION,

3. SPECIAL TAHSILDAR (LA),

For Petitioner :SRI.V.GIRI

For Respondent :ADDL.ADVOCATE GENERAL

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

Dated :18/01/2007

O R D E R

K.T.SANKARAN, J

W.P.(C) No. 28596 of 2006

Dated this the 18th day of January, 2007



JUDGMENT

Land belonging to the petitioner was acquired for the purpose of establishing Info Park. Ext. P3 notice was issued to the petitioner under Section 9(3) of the Land Acquisition Act directing the petitioner to appear on 5.10.2006. Ext. P3 is dated 10.9.2006. It is stated in the writ petition that Ext. P3 notice was received by the petitioner only on 6.10.2006, while the date fixed for award enquiry was 5.10.2006. It is stated in the counter affidavit that award was passed on 7.10.2006. Thus, it is clear that the petitioner did not get an opportunity to put forward his objections before the Land Acquisition Officer. Since the award is passed, the petitioner submits that he intends to file an application for reference under Section 18 of the Land Acquisition Act. The apprehension of the petitioner is that when the matter is referred under Section 18, the reference court may point out that no objections were filed by the petitioner at the time of award enquiry, which according to the petitioner would WPC 28596/2006 2 cause prejudice to him to a great extent. Since the award is passed on 7.10.2006, it is only just and proper to dispose of the Writ Petition with a direction that in case the reference is made, it shall be treated that the petitioner has filed objections pursuant to Ext. P3 notice within time, provided the petitioner appends the objections along with his application for reference under Section 18 of the Act. For all practical purposes, such objection shall be treated as objections filed pursuant to Ext. P3 notice. If the petitioner has already filed an application for reference under Section 18, the petitioner may submit his objections to the Land Acquisition Officer within a period of one month from today. The Writ petition is disposed of as above. K.T.SANKARAN,

JUDGE

csl WPC 28596/2006 3


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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