Prabhakaran vs The State Of Kerala on 26 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 11093 of 1997(U)



1. PRABHAKARAN
                      ...  Petitioner

                        Vs

1. THE STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.K.N.NARAYANA PILLAI

                For Respondent  :SRI.N.N.SUGUNAPALAN(S.C.FOR CIAA)

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :26/06/2008

 O R D E R
          KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
               ----------------------------------------------
      O.P. Nos.11093, 13017, 15188 & 17874 of 1997
               ----------------------------------------------
                      Dated 26th June, 2008.

                           J U D G M E N T

Kurian Joseph, J.

Petitioners in these writ petitions are aggrieved by the

steps taken by the Land Acquisition Officer for recovery of the

amounts. The recovery was necessitated based on a decision

taken by the Land Acquisition Officer/Collector that the

classification of the land acquired was not proper. But the fact

remains that no notice was issued to the petitioners while such a

decision was taken. Not only that, these are cases where the

land was taken advance possession, after executing an

agreement wherein the nature, lie and classification were also

referred to. Therefore, the petitioners are justified in their

contention that after the land has been taken possession and the

same has been put to use, behind their back, the classification

should not have been altered. These are matters to be

considered by the Land Acquisition Officer/District Collector while

taking a fresh decision as directed above.

In the result, we set aside the impugned demand and

the decision leading to the demand with a further direction to the

OP NO.11093/97 & connected cases 2

Land Acquisition Officer/District Collector to consider the matter

afresh with notice to the parties and take a decision in the light

of the observations contained in this judgment and also adverting

to the contentions taken by the parties.

The writ petitions are disposed of as above.

KURIAN JOSEPH, JUDGE.

HARUN-UL-RASHID, JUDGE.

tgs

KURIAN JOSEPH &

HARUN-UL-RASHID, JJ

———————————————-

O.P. Nos.11093, 13017,
15188 & 17874 of 2007

———————————————-

J U D G M E N T

Dated 26th June, 2008.