IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18638 of 2008(R)
1. P.E.SAHASRANAMAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. THE SECRETARY,
For Petitioner :SMT.M.A.ZOHRA
For Respondent :SRI.V.CHITAMBARESH (SR.)
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/07/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 18638 OF 2008 R
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Dated this the 7th day of July, 2008
J U D G M E N T
Petitioner claims that he is the owner of 23.35 cents of land with a
house in Sy.No.853/1C of Ward No.IV, Block No.16 of Koppam Village,
Palakkad. In this writ petition, the main prayer sought is to quash Ext.P3,
by which a building permit sought for by the petitioner has been rejected
on the ground that the plot in question is covered by a DTP scheme and
that in terms of the said scheme, the area is to be acquired for commercial
use. It is on receipt of the said communication, writ petition has been
filed, where there is a further prayer made that he be either dispossessed
paying the benefits as admissible under the Land Acquisition Act or permit
to make construction of a residential house.
2. The Municipality has filed a counter affidavit where it is stated
that the 1st respondent has already approved acquisition of the said
property belonging to the petitioner invoking the provisions of the Land
Acquisition Act by Ext.R2(a) order. However, the Special Tahsildar by
Ext.R2(b) communication informed the Municipality that in Ext.R2(a) order,
the Taluk and Village where the property is situated is not mentioned. On
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that basis, petitioner has been requested to get revised orders from the 1st
respondent enabling continuance of the acquisition proceedings. It is
stated that on receipt of Ext.R2(b), the Municipality by Ext.R2(c) letter
dated 16/6/08, addressed the 1st respondent to issue revised orders
incorporating the Taluk and Village concerned. It is stated that on receipt
of revised orders as sought for by the Municipality in Ext.R2(c) all that
remains to be done is to get the notification under Section 4(1) of the
Land Acquisition Act issued.
3. Now that steps are at an advance stage for the acquisition of
the property concerned for making use of the same in terms of the DTP
Scheme, I feel what is necessary is to direct the 1st respondent to take
action on Ext.R2(c) letter of the Municipality and issue revised orders
rectifying the inadequacies in Ext.R2(a) order dated 2/11/2007. This the
1st respondent shall do, as expeditiously as possible, at any rate within 6
weeks of production of a copy of this judgment. Once such order is
passed, necessary steps completing the proceedings under the Land
Acquisition Act shall be expeditiously taken.
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With these directions, the writ petition is disposed of.
The 2nd respondent shall produce a copy of this judgment before the
1st respondent for complying with the direction herein.
ANTONY DOMINIC, JUDGE
Rp