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Peeru Muhammed vs State Of Kerala

High Court Of Kerala|21 November, 2014
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JUDGMENT / ORDER

The petitioners, owners of property comprised in survey Nos: 1233/2-1. 1233/2-3, 1233/2-1 and 1233/2-1-2 of Manacaud Village have filed this writ petition seeking the following reliefs:- A) That all records relating to Exts.P5 to P9 be called to this Hon'ble Court and a writ of certiorari or other order passed quashing Exts.P5 to P9 in so far as they relates to the properties of the petitioners comprised in Exts.P1 to P4;
B) That a writ of mandamus or other order be passed directing the respondents not to proceed with the acquisition of the properties detailed in Exts.P1 to P4 and take possession of the same from the petitioners by implementing Exts.P5 to P8;
C) That the respondents be directed not to acquire and take possession of the properties of the petitioners detailed in Exts.P1 to P4;
D) That the petitioners be granted such further reliefs as are appropriate and incidental to this writ petition.”
The case of the petitioners is that, their property comprised in survey No: 1233 of Manacaud village was not included either in the notification included under Section 4(1) or the declaration under Section 6 of the Land Acquisition Act, 1894. However, they filed the writ petition when notices under Section 9(3) of the Act were issued to them.
2. The Govt. Pleader appears for respondents 1 to 3. Adv.K.A.Jaleel appears for the fourth respondent.
3. Heard. Ext.P17 is a copy of information received by one of the petitioners under the Right to Information Act from the office of the third respondent. In Ext.P17 it has been stated that the property in survey No: 1233 of Manacaud Village was the subject matter of land acquisition proceedings initiated by the Special Tahsildar. It is also pointed out by the counsel for the petitioners that the entire proceedings initiated against the property of the petitioners have lapsed for the reason that, no further action was pursued in the matter by the third respondent. Though an interim order was granted in this case initially, the same was not extended after 28.6.2005. It is also pointed out that a similar writ petition O.P.20007/1995 was disposed of by this Court for the above reason.
The above being the position it is sufficient that this writ petition is disposed of recording the fact that, no land acquisition proceedings have been initiated against the property of the petitioners comprised in survey No:1233 of Manacaud Village.
Sd/-
K. SURENDRA MOHAN Judge jj /True copy/
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Title

Peeru Muhammed vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
21 November, 2014
Judges
  • K Surendra Mohan
Advocates
  • Sri
  • G S Reghunath