IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33500 of 2009(F)
1. K.A.THANKACHAN, S/O.MATHAI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SPECIAL TAHSILDAR (LA)
4. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.K.JAJU BABU
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :09/12/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C). NO. 33500 OF 2009
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Dated this the 9th day of December, 2009
JUDGMENT
Ext.P6 was issued by the District Collector refusing to acquire an
item of property belonging to the petitioner though that land would be
submerged in the procession of the formation of a reservoir of the
Karapuzha Irrigation Project. Ext.P6 was set aside by this Court in Ext.P7
judgment and the Collector was required to re-decide the issue, however
that, the payment of compensation would depend upon whether the patta
issued to the predecessor of the petitioner ultimately stands. The District
Collector has however issued Ext.P8 essentially contradicting the
directions in Ext.P7. The petitioner challenges that decision by contending
that the District Collector has essentially reiterated Ext.P6 . This contention
is well founded.
2. Before the catchment in the next monsoon, the immediate need is
that the entire area meant for the reservoir is kept available for such
purpose as a proper receptacle. At the same time, the petitioner’s right to
compensation, if any, in terms of the Land Acquisition Act, for the land
claimed by him is also to be preserved.
WP(C) NO. 33500 OF 2009 2
Therefore, this writ petition is allowed quashing Ext.P8 and
directing that respondent 2 to 4 shall ensure that the entire land, structures,
if any, valuable vegetation etc. on that land as claimed by the petitioner
and available at site are valued and a mahazar prepared within a period of
4 weeks from the date of receipt of copy of this judgment. Following that,
further steps in terms of Ext. P7 judgment shall be taken and appropriate
orders issued in obedience to that judgment within a further period of 3
months. Writ petition ordered accordingly.
THOTTATHIL B. RADHAKRISHNAN, JUDGE
mns