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Achamma Koshy

High Court Of Kerala|15 December, 2014
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JUDGMENT / ORDER

The petitioner has filed this writ petition seeking the following reliefs:- i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to send the records regarding petitioner's land acquisition to the Mavelikkara Sub Court without any delay;
ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to reconstitute entire file regarding the petitioner's land acquisition and send the same to Mavelikkara Sub Court if it is found that the file is missing;
iii) to grant such other reliefs as this Hon'ble court may deem fit and proper in the circumstances of the case.”
The case of the petitioner is that, though the petitioner's property was acquired for the construction of a 33KV WPC 23452/2014 2 substation, her application for reference, filed within time was not referred to the Civil Court under Section 18 of the Land Acquisition Act, 1894 (the 'Act' for short).
2. The Govt. Pleader on instructions submits that, the first respondent would make a reference under Section 18 of the Act of the petitioner's case to the concerned Civil Court, without further delay.
In view of the above this writ petition is disposed of directing the first respondent to refer the case of the petitioner to the Civil Court for the purpose of determination of the appropriate compensation payable to her under Section 18 of the Act. The reference shall be made as expeditiously as possible and at any rate within a period of one month from today.
jj /True copy/ Sd/-
K. SURENDRA MOHAN Judge WPC 23452/2014 3
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Title

Achamma Koshy

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • K Surendra Mohan
Advocates
  • R Sunil Kumar
  • Smt
  • A Salini Lal