High Court Kerala High Court

K.A.Thankachan vs State Of Kerala on 9 December, 2009

Kerala High Court
K.A.Thankachan vs State Of Kerala on 9 December, 2009
       

  

  

 
 
  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.
             --------------------------------------------------------------
                        W.P.(C). NO. 33500 OF 2009
                           ----------------------------------
                  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

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