High Court Kerala High Court

K.Y.Mathew vs State Of Kerala on 18 December, 2006

Kerala High Court
K.Y.Mathew vs State Of Kerala on 18 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30614 of 2006(T)


1. K.Y.MATHEW, VILAYIL KIZHAKKETHIL VEEDU,
                      ...  Petitioner
2. K.JOHNEKUTTY, MUKALILAZHYKATHU VEEDU,
3. CHINNAMMA THOMAS, SREEVILASATHU VEEDU,
4. CHENNUNNI NARAYANANKUTTY,
5. E.DANIEL, VATTAKKATTU VEEDU,
6. V.K.CHANDRASEKHARAN PILLAI,
7. GOWRIKUTTY AMMA, VENU SADANAM,
8. OMANA RAJAMMA, KUZHIVILA VEEDU,
9. LEKSHMI KUNJUPENNU,
10. SYAMALA AMMA B., SYAM BHAVAN,
11. KOCHUMMAN JOHNEKUTTY,
12. E.JOHNKUTTY VATTAKKATTU VEEDU,
13. K.YOHANNAN, ST.MARY'S HOUSE,
14. SARA GEEVARGHESE,

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE SPECIAL TAHSILDAR (L.A.),

                For Petitioner  :SRI.PRATHEESH.P

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :18/12/2006

 O R D E R
                                       K.T. SANKARAN, J.

              ...................................................................................

                              W.P.(C) No.  30614   OF  2006

             ...................................................................................

                        Dated this the 18th December , 2006




                                         J U D G M E N T

Lands belonging to the petitioners were acquired for the purpose of

Kallada Irrigation Project and award was passed. However, the petitioners

did not make any application for reference under section 18 of the Land

Acquisition Act . Other claimants whose lands were also acquired under

the same notification and for the same purpose, filed applications for

reference and those cases were referred and numbered as L.A.R.Nos.

81, 84 and 85 of 1986 before the Sub Court, Kottarakkara . The Sub

Court disposed of the aforesaid L.A.Rs by Ext. P1 judgment dated

26.10.1999. On the basis of Ext. P1 judgment, the petitioners submitted

Exts. P2 to P2(N) applications under section 28A of the Land Acquisition

Act in March, 2000. Those applications are not disposed of by the third

respondent. The prayer in the Writ Petition is to issue a writ of

mandamus or any other appropriate direction or other commanding the

W.P.(C) No. 30614 OF 2006

2

respondents to dispose of Exts.P2 to P2 (N) applications and to disburse

the enhanced compensation.

2. Learned Government Pleader, on instruction, submits that large

number of applications filed under section 28a of the Land Acquisition Act

are pending and those applications are being disposed of in accordance

with priority. It is also submitted that Exts. P2 to P2(N) applications would

be disposed of in due course, strictly in terms of priority. This submission

is recorded.

3. There will be a direction to the third respondent to dispose of

Exts. P2 to P2(N) applications in accordance with law, in terms of priority

and at any rate within a period of six months from today.

Writ Petition is disposed of as above.

K.T. SANKARAN,

JUDGE.

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