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Sreenivasan vs State Of Kerala

High Court Of Kerala|19 December, 2014
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JUDGMENT / ORDER

The petitioner has filed this writ petition seeking the following reliefs :
i. Issue a writ of mandamus or other appropriate writ order or direction directing the 2nd and 3rd Respondents to finalize the award under the acquisition proceedings initiated against Petitioners property by Ext.P1 and Ext.P2 and disburse the compensation due to the Petitioner in a time bound manner.
ii. Issue a writ of mandamus or other appropriate writ order or direction directing the 2nd and 3rd Respondents to pay the compensation due and determined to the Petitioner in respect of the land acquisition proceedings initiated against Petitioners property as per Ext.P1 and Ext.P2 without depositing the amount in Court.
iii. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.
2. The case of the petitioner is that, a portion of the petitioner's land has been acquired for the purpose of widening the National Highway between Karamana and Kaliyikkavila. However, award is not being passed in the matter for the reason that the 4th respondent has objected to the title of the petitioner. Though the W.P.(C) No.29227 of 2014 2 petitioner has produced all the title documents, the authorities are not passing an award in the matter. It is alleged that they are preparing to deposit the entire amount in Court. The petitioner therefore seeks the issue of appropriate directions for finalisation of the proceedings and passing of an award.
3. Though notice has been served on the 4th respondent in this writ petition, there is no appearance for him. The learned Government Pleader on instructions submits that the 4th respondent was heard on 19.11.2014. He was not able to produce any documents evidencing that he had any right over the property. In view of the above, it is only appropriate that an award is passed by the 3rd respondent, in accordance with law.
This writ petition is therefore, disposed of directing the 3rd respondent to pass an award in the matter, in accordance with law, as expeditiously as possible and at any rate within a period of three months of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV
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Title

Sreenivasan vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
19 December, 2014
Judges
  • K Surendra Mohan
Advocates
  • Sri Bechu Kurian
  • Thomas Sri
  • K Surendran