IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13989 of 2008(M)
1. K.K.RAVEENDRAN, S/O. KRISHNAN KUTTY,
... Petitioner
2. N.RAJENDRAN NAIR, S/O. NARAYANA PILLAI,
3. O.K.KARUNAKARAN, S/O. KRISHNAN,
4. K.M.KELAPPAN, S/O. KANNAN,
5. AMBILI MANOJ, D/O. KUTTAPPAN NAIR,
6. K.O.ANNAMMA, D/O. AUGUSTY, AGED 65 YRS,
7. O.K.SUDHAKARAN, S/O. KARUNAKARAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. KERALA STATE WATER AUTHORITY,
3. PROJECT DIRECTOR,
4. DISTRICT COLLECTOR AND DISTRICT
5. REVENUE DIVISIONAL OFFICER AND SUB
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent :SRI.BABU VARGHESE, SC, KWA
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :21/07/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.13989 OF 2008
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Dated this the 21st day of July, 2010
J U D G M E N T
The Water Authority conducted blasting operations using
explosives in the property of the petitioners in Chakkittapara
village in Kozhikode District causing damages and the petitioners
have not been given appropriate compensation for the damages
caused, is the grievance of the petitioners in this writ petition.
Although it is contended that the blasting operation was in the
property acquired, the eligibility of the petitioners for
compensation is not disputed. The only dispute is regarding the
quantum thereof. According to the petitioners, the quantum has
not been assessed taking into account the parameters applicable
for assessment of such compensation. The petitioners therefore
seek the following reliefs:
“(i) a writ of mandamus or any other appropriate
writ order or direction directing the respondents to pay
the re-fixed compensation before starting the blasting
operation.
(ii) an order of stay of blasting operation permitted
as per Ext.P2 till payment of compensation re-fixed
and due to the petitioners”
W.P.(c)No.13989/08 2
2. Counter affidavits have been filed on behalf of the
first respondent and respondents 2 and 3. Earlier, the matter
was heard on 19/5/2010 and I directed the Government
Pleader to see that the files relating to the manner of
assessment of compensation due to the petitioners containing
reasons as to how they have taken into account the various
parameters for fixing the compensation is produced before this
court. The learned Government Pleader could not satisfy me
that the file discloses a consideration of the parameters
applicable for such assessment of compensation. Therefore I
am of opinion that the respondents are liable to be directed to
reconsider the question of quantum of compensation.
Accordingly, there would be a direction to the
respondents to see that the committee consisting of
respondents 3 to 5 reconsiders the quantum of damages
payable to the petitioners taking into account all the
parameters applicable for such assessment as is usually done
for assessing damages in similar matters and pass a fresh
order after affording an opportunity of being heard to the
petitioners. The order to be passed shall contain on the face of
it the basis of the calculation of compensation taking into
W.P.(c)No.13989/08 3
account all parameters applicable for the same. Orders shall
be passed as expeditiously as possible, at any rate, within a
period of three months from the date of receipt of a copy of
this judgment.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
acd
W.P.(c)No.13989/08 4