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T.R.Radhamma vs State Of Kerala

High Court Of Kerala|04 November, 2014
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JUDGMENT / ORDER

This writ petition has been filed by the petitioners seeking the following reliefs: i. Declare that the acquisition proceedings initiated against the petitioners, Exts.P1 and P2 have lapsed.
ii. Issue a writ of certiorari or any other appropriate writs, directions or orders quashing Exts.P1 and P2.
iii. Issue such other orders as are deemed fit and proper in the circumstances of the case.
2. The case of the petitioners is that the land acquisition proceedings initiated against the properties of the petitioners have become time barred and have lapsed.
3. A counter affidavit has been filed on behalf of the second respondent. Paragraph 8 of the counter affidavit reads as follows:
8. It is submitted that as the acquisition proceedings was held up, it became time barred. In the meantime the petitioner filed W.P.(C) No.33325/09 requesting permission to make improvements in the property, as there is no acquisition proceedings in respect of the said property. The declaration u/s. 6 of the Land Acquisition Act was properly published, but as the W.P.(C).No.33325 of 2009 2 further acquisition proceedings was held up, the proceedings became time barred and lapsed. The Requisitioning Authority was addressed several times to inform whether acquisition proceedings have to be pursued. But no reply has been received from the Requisitioning Authority in the matter till date.
4. In view of the above admission, the petitioner is entitled to succeed.
This writ petition is therefore allowed. It is declared that, the acquisition proceedings against the property of the petitioners initiated by Exts.P1 and P2 have lapsed.
Sd/-
K.SURENDRA MOHAN, JUDGE.
rkc.
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Title

T.R.Radhamma vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
04 November, 2014
Judges
  • K Surendra Mohan
Advocates
  • R S Kalkura Sri
  • M S Kalesh
  • Smt
  • A V Priya Sri Harish
  • Gopinath Sri
  • Menon Sri