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2018 Supreme(Ker) 77

SHAJI P.CHALY
K. M. Devarajan – Appellant
Versus
State of Kerala, Represented by The Secretary to Government, Public Works Department, Secretariat – Respondent


Advocates Appeared:
For the Petitioner:R. Surendran, Advocate.
For the Respondent: Latha T. Thankappan, Spl. Government Pleader.

JUDGMENT :

1. This writ petition is filed by the petitioners seeking declaration that Ext.P4 award has been lapsed as against the properties and buildings of the petitioners described as Holdings No.10, 11 and 12 in Ext.P4, and a further declaration that the petitioners are not liable to be dispossessed of their properties and buildings described in Ext.P4. Material facts for the disposal of the writ petition are as follows:

2. First petitioner is the owner in possession of 1 cent of land in R.S.No.33/7 of Pazhassi amsom, Mattannur desom and the buildings bearing No.VII/895 and VII/894, evident from Ext.P1. The 2nd petitioner is the owner of property covered by Ext.P2 document and the 3rd petitioner is the owner of property covered by Ext.P3. The Government of Kerala issued notification under Sec.4(1) of the Land Acquisition Act, 1894 [for short, 'Act, 1894] and published in the Kerala Gazette dated 22.01.2005, proposing to acquire the properties belonging to the petitioners for the purpose of widening a road. Thereafter, a declaration under Sec.6 of the Act, 1894 was issued on 27.09.2006.

3. Finally, after conducting an award enquiry, award dated 21.10.2008 was passed by the 2nd resp

















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