Karuppayya vs The District Collector on 28 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30353 of 2008(L)


1. KARUPPAYYA, S/O.MADASWAMY,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE SPECIAL TAHASILDAR,

                For Petitioner  :SRI.R.MANOJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :28/10/2008

 O R D E R
                     PIUS.C.KURIAKOSE,J.
                      ------------------------
                   W.P.(C)No.30353 of 2008
                      ------------------------
            Dated this the 28th day of October, 2008

                           JUDGMENT

The learned Government Pleader on instructions from the

land acquisition officer submits that as per the register

maintained by the land acquisition officer for applications under

Section 18 received by him, there is no entry corresponding to

any application for reference submitted by the petitioner. It is

also seen that the petitioner has not produced even a copy of

any such application filed by him.

Under the above circumstances, it is not possible to grant

the relief sought for – a mandamus to the land acquisition officer

to refer the question of determination of the compensation

correctly payable under Section 18. The prayer is declined.

However, it is made clear that this judgment will not stand in the

way of the petitioner applying for redetermination of the

compensation under Section 28A on the basis of any relevant

court award.

(PIUS.C.KURIAKOSE,JUDGE)
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