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2021 Supreme(Online)(KER) 39715

HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
CHINNAMMA BENCHAMIN – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI. N. RETHEESH, SMT. SUMA RETHEESH, SRI. SHANKAR RETHEESH

JUDGMENT

The petitioners, who were owners in possession of 18 cents of land comprised in Survey No.131/2 (Resurvey No.449/10, Block No.15) of Chellanam Village covered by Ext.P1 partition deed bearing No.1968/1977 dated 30.04.1997 of Sub Registrar Office, Kochi, have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P7 award dated 25.07.2019 of the 5th respondent Special Tahsildar (LA). The petitioners have also sought for a writ of mandamus commanding the 3rd respondent to assess the compensation for the entire extent of land afresh, in the light of Ext.P6 report of the Taluk Surveyor.

2. On 04.01.2021, when this writ petition came up for admission the learned Government Pleader was directed to get instructions.

3. The petitioners have filed I.A No.1 of 2021 seeking an order to accept Ext.P9 as an additional document and the same was allowed on 18.2.2021.

4. During the pendency of this writ petition the petitioner filed Ext.P9 application dated 30.01.2021 before the 5th respondent for condonation of delay in filing Ext.P8 application for reference dated 18.02.2020 filed under Section 64 of the Right to Fair Compensation

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