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P.C.Jose vs State Of Kerala

High Court Of Kerala|12 December, 2014
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JUDGMENT / ORDER

The petitioner has filed this writ petition seeking the following reliefs. “a. Issue a writ of mandamus or other appropriate writ, order or direction compelling the respondents to pass award and disburse the compensation with respect to the petitioner's acquired property forthwith or such time as this Hon'ble court may deem fit and proper, in the interest of justice.
b. Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to return the original of title deeds mentioned in Ext.P5 forthwith or such time as the Hon'ble Court may deem fit and proper, in the interest of justice.
c. Issue such other appropriate writs, orders or directions as this Hon'ble court deems fit and proper in the facts and circumstances of the case.”
2. The petitioner's land has been acquired for implementing the Kochi Metro Rail Projects. The property was taken possession of, invoking the urgency clause under Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short). The petitioner was paid 80% of the compensation amount at W.P.(C). No. 31962 Of 2014 2 the time of taking possession. He complains that the balance amount has not been paid for the reason that no award has been passed.
3. The Government Pleader appears for respondents 1 to 3. Adv. Vijayalakshmi appears for the 4th respondent.
4. I notice that the land was taken possession of on 18.11.13. One year has lapsed thereafter. Therefore, it is only appropriate that an award is passed, without further delay.
5. This writ petition is therefore disposed of, directing the third respondent to pass an award in the matter, as expeditiously as possible and at any rate within a period of six weeks of the date of receipt of copy of this judgment.
Sd/-
K. SURENDRA MOHAN, JUDGE sk //TRUE COPY// P.A. TO JUDGE
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Title

P.C.Jose vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
12 December, 2014
Judges
  • K Surendra Mohan
Advocates
  • Sri Varghese K Paul
  • Sri Benny M John
  • Sri John Mathew