IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 786 of 2008(R)
1. SHAJAHAN.I., TAJ MANZIL, T.C.20/2058,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY CHIEF
... Respondent
2. SECRETARY TO GOVERNMENT,
3. DISTRICT COLLECTOR, COLLECTORATE,
4. SPECIAL TAHSILDAR,
For Petitioner :SRI.M.BALAGOVINDAN
For Respondent :GOVERNMENT PLEADER
Dated :/ /
O R D E R
K. PADMANABHAN NAIR ,J.
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W.P.(C) No.786 of 2008 R
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Dated, this the 22nd day of February, 2008
ORDER
For and on behalf of the first respondent Chief Secretary a statement
is filed on 20.2.2008 in which it is stated that first respondent filed
application before this Court on three occasions seeking extension of time.
In fact no such petitions were filed. The learned Government Pleader Shri
Basant Balaji has submitted that though three petitions were prepared due to
an inadvertent omission those applications were not filed and that omission
may be condoned. In view of the submission made by the learned
Government Pleader I do not propose to take any action for contempt.
2. First respondent has sought for three more months time from
1.2.2008 to take a final decision. The time as prayed for is granted. It is
made clear that until a decision is taken the order passed by me while
disposing of W.P.(C) Nos.22114/2005 and connected cases will be in force.
3. Adv. Shri M.Balagovindan, counsel appearing for the petitioner
submits that his client had surrendered possession of land and the same was
taken possession by the Land Acquisition Officer but the compensation
awarded is not yet disbursed to the petitioner. If any land owner had
surrendered possession of land and building and if the possession of land
WP(C)No.786/2008 2
and building was taken over by the respondents the compensation with
statutory benefits shall be disbursed to such land owners as expeditiously as
possible. For such disbursal this interim order will not be a bar at all. If the
possession of the buildings or land is not taken over by the respondents the
land owner will have to wait until the possession of buildings or land is
also taken.
Post on 11.3.2008.
Handover copy of this order to both sides.
K. PADMANABHAN NAIR,
JUDGE.
cks