High Court Kerala High Court

Perumthodi Rajan vs Indian Oil Corporation Ltd. on 2 July, 2010

Kerala High Court
Perumthodi Rajan vs Indian Oil Corporation Ltd. on 2 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20713 of 2010(L)


1. PERUMTHODI RAJAN, NALLUR,
                      ...  Petitioner

                        Vs



1. INDIAN OIL CORPORATION LTD., FEROKE P.O.
                       ...       Respondent

2. THE SPECIAL TAHSILDAR, LAND ACQUISITION,

3. DISTRICT COLLECTOR, KOZHIKODE

                For Petitioner  :SRI.NIRMAL. S

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :02/07/2010

 O R D E R
                      T.R. Ramachandran Nair, J.
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                     W.P.(C) No.20713 of 2010-L
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                 Dated this the 2nd day of July, 2010.

                                 JUDGMENT

The petitioner has approached this Court seeking for a direction to the

third respondent to take a decision on Ext.P5 application filed by him under

Section 28A of the Land Acquisition Act. The property acquired is an

extent of 0.0354 hectares of land in R.S. No.200/7 of Karuvanthuruthy

village. The notification under Section 4(1) of the Land Acquisition Act

was published on 14.1.1991 and the award has been passed by the Land

Acquisition Officer on 16.2.1992. The petitioner is relying upon the

judgment in L.A.A.No.4/2008, produced as Ext.P4, which was rendered in a

connected case. Aggrieved by the delay in the matter, this writ petition has

been filed. It is submitted by the learned counsel for the petitioner that the

application is filed within time.

2. I am not expressing any view on the permits of the claim. There

will be a direction to respondents 2 and 3 to take a decision on Ext.P5 in

accordance with law, after hearing the petitioner and the first respondent,

within a period of three months from the date of receipt of a copy of this

judgment. The petitioner will produce a copy of this judgment along with a

20713/2010 2

copy of the writ petition for compliance.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/