High Court Kerala High Court

S.P.Soudath vs The Special Tahsildar on 20 July, 2010

Kerala High Court
S.P.Soudath vs The Special Tahsildar on 20 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21294 of 2010(J)


1. S.P.SOUDATH ,
                      ...  Petitioner

                        Vs



1. THE SPECIAL TAHSILDAR
                       ...       Respondent

2. KERALA INFRASTRUCTURE DEVELOPMENT

                For Petitioner  :SRI.JOBY JACOB PULICKEKUDY

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :20/07/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
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                  W.P.(C) No.21294 OF 2010
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            Dated this the 20th day of July, 2010.


                         J U D G M E N T

Essentially the matter concerns the prayer for a direction to

the 1st respondent to refer the matter to the Land Acquisition

court. Herein, the petitioner was the owner and in possession of

the property having an extent of 1 Acre and 53 cents in resurvey

No.63/03B of Keezhalloor village, Thalassery Taluk. The property

was acquired by the Kerala Infrastructure Development

Corporation (KINFRA) for the Kannur Airport Project. The

valuation as well as other steps for payment of compensation

were completed by negotiation with the 2nd respondent.

2. The dispute herein is with respect to the 8 cents of land

for which the Keezhalloor Panchayath has also claimed ownership

and possession. Ultimately, the petitioner filed a statement as

per Exhibit P2 claiming compensation for the land at the rate of

Rs.1 lakh per cent. The petitioner has also sought for reference

of the matter to the reference court. This is answered by the

W.P.(C) No.21294/2010 2

Land Acquisition Officer by Exhibit P3 stating that the petitioner

had confined the claim for compensation only to the extent of 1

Acre and 45 cents and presently, Keezhalloor Grama Panchayath

is in possession of the property.

3. Learned counsel for the petitioner submitted that it is

entirely a matter for the reference court to decide and it was not

open for the Special Tahsildar to consider the disputed claims

between the parties. Evidently, the application for reference is

under Section 18 of the Land Acquisition Act, 1894.

In that view of the matter, there will be a direction to the

1st respondent to refer the claim for compensation to the

reference court in terms of Section 18 of the Land Acquisition Act

if the application is filed within the statutory period prescribed.

Appropriate action will be taken within a period of one month

from the date of receipt of a copy of this judgment. The

petitioner will produce a copy of this judgment along with a copy

of the writ petition for compliance.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE
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