High Court Kerala High Court

K.Ponnamma vs Elsy Alexander on 24 October, 2008

Kerala High Court
K.Ponnamma vs Elsy Alexander on 24 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 1055 of 2008(Y)


1. K.PONNAMMA, 72 YEARS
                      ...  Petitioner

                        Vs



1. ELSY ALEXANDER,KALLOOTT HOUSE
                       ...       Respondent

2. EXECUTIVE ENGINEER

3. LAND ACQUISITION OFFICER,

                For Petitioner  :SRI.M.SASINDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :24/10/2008

 O R D E R
                     PIUS.C.KURIAKOSE,J.
                     ------------------------
                    R.P. NO.1055/2008 IN
                W.P.(C)No.8604 OF 2006
                     ------------------------
           Dated this the 24th day of October, 2008

                           O R D E R

The learned counsel for the review petitioner,

Sri.M.Sasindran, has addressed me very strenuously. He has

placed before me photographs relating to the building in

question. He asserted that the building portion presently occupied

by the review petitioner as a tenant under the writ petitioner has

never been valued and compensation paid to the writ petitioner.

On the basis of the photographs, he argued that the building

occupied by the review petitioner stands as an independent

building.

2. It is not as though the above contention was not

considered by me earlier. Today, as directed by me, the

learned Government Pleader has placed before me copies of the

letter dated 4/4/2006 issued by the Executive Engineer to the

Advocate General and letter No.1884/2008/B1 dated 7/8/2008

issued by the land acquisition officer to the Government Pleader.

R.P..No.1055/2008 2

A careful reading of these letters will show that the contention of

the review petitioner that the building presently under her

occupation is not covered by the award is not sustainable. But,

the contention that the land, the site upon which the building

stands is not covered by the acquisition proceedings is correct.

But, as I had indicated in the judgment, the acquisition was

much prior to the judgment of the Full Bench of this court in

Saramma Itticheriya v. State of Kerala (2008(1) KLT 6) and

that is why the land lady has been able to retain ownership over

the land (situs of the building occupied by the review petitioner)

even when her claim under Section 49 for acquisition of the

building(structure) alone has been upheld. The letters referred to

herein above will form part of the records.

3. Sri.Sasindran, the learned counsel for the review

petitioner requested lastly to extend the time fixed for

compliance with the direction in my judgment till 31/3/2008.

According to Sri.Sasindran, the students of a nearby college owes

substantial amounts to the review petitioner on account of credit

facilities enjoyed by them from the Tea shop. There is no serious

objection from the side of the writ petitioner.

R.P..No.1055/2008 3

Under the above circumstances, even as the Review

Petition is dismissed and my judgment is reiterated, it is directed

that time for complying with the directions in the judgment is

extended till 31/3/2008.

(PIUS.C.KURIAKOSE,JUDGE)
dpk