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2024 Supreme(Online)(KER) 5641

2024:KER:16066 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 28TH DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945 WP(C) NO. 7938 OF 2024 PETITIONER:

NAVADHARA YUVAVEDI VAYANASALA REG.NO.334/88, KUNNUMMA VILLAGE, KUTTANDU.P.O., ALAPPUZHA DISTRICT : REPRESENTED BY ITS SECRETARY JOSEPH JOSEPH S/O JOSEPH AGED 60 YEARS, MOOLAYIL(H), KAVALAM P.O, KUNNUMMA EAST, ALAPPUZHA DISTRICT. ., PIN - 688562 BY ADV PRINSUN PHILIP RESPONDENTS:

1 STATE OF KERALA REVENUE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM.

REPRESENTED BY ITS SECRETARY, PIN - 695001

2 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, ALAPPUZHA, PIN - 688001

3 SPECIAL TAHSILDAR KIIFBI - LA (UNIT - 2), CHERTHALA MINI CIVIL STATION CHERTHALA ., PIN - 688524

4 VILLAGE OFFICER KUNNUMMA VILLAGE, KUNNUMMA EAST KAVALAM P.O ,ALAPPUZHA DISTRICT, PIN - 688506 GP - AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM , J.

===========================

WP(C) No. 7938 of 2024 ============================ Dated this the 28th day of February, 2024

J U D G M E N T

Petitioner claims to be absolute owner and in possession of

0.70 ares of land comprised in Re.Sy. No.195/7/24 in Block No. 28 of Kunnumma Village obtained as per Ext.P1 title deed. Mutation was effected and tax was paid as is evident from Ext.P2. Petitioner thereafter constructed an ofÏce cum library building in the subject property as is evident from Exts.P3 and P4 ownership certificates issued by the local authority.

2. Out of the total extent of 0.70 ares of property comprised in Ext.P1 title deed, an extent of 0.0035 hectares belongs to the petitioner along with the ofÏce building was acquired by the acquisition authority, and by Ext.P5 an amount of Rs.40,15,569/- was also awarded. On the basis of the award the petitioner has filed a claim statement before the Special Tahsildar and all the relevant documents in respect of the title of the property was also produced. But instead of disbursing the award amount to the claimants, the acquisition authority had deposited the award amount before the appropriate authority due to the reason that the prior deed of the petitioner has not been produced before the authority. This fact was intimated to the petitioner as per Ext.P7. Thereupon the petitioner submitted Ext.P8 application before the 2nd respondent invoking the provisions under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act, 2013) read with Section 77(2) of the Act, 2013, requesting to refer the matter for adjudication with regard to entitlement of the amount due under award dated 58/2022 before the appropriate authority. Petitioner submits that Ext.P8 is pending consideration before the 3rd respondent. Petitioner seeks for an expeditious disposal of the same.

3. Heard the learned Government Pleader also.

A perusal of Ext.P8 would show that the same has been received by the authority on 21.09.2023. In view of the above, the writ petition is disposed of with a direction to the 3rd respondent to take a decision on Ext.P8 to refer the matter before the appropriate Court for adjudication with regard to the entitlement of the award amount, without any delay, at any rate within an outer limit of one month from the date of receipt of a copy of this judgment.

Sd/-

VIJU ABRAHAM JUDGE sbk/-

APPENDIX OF WP(C) 7938/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TITTLE DEED NUMBER 3843 DATED 30.11.2000 OF SRO PULINKUNNU Exhibit P2 A TRUE COPY OF THE TAX RECEIPT DATED

12.10.2022 ISSUED BY THE FOURTH RESPONDENT Exhibit P3 A TRUE COPY OF THE OWNERSHIP CERTIFICATES ISSUED BY THE KAVALAM GRAMA PANCHAYATH DATED 29.08.2003 Exhibit P4 TRUE COPY OF THE OWNERSHIP CERTIFICATES DATED 13.03.2023 ISSUED BY THE KAVALAM GRAMA PANCHAYATH Exhibit P5 A TRUE COPY OF THE AWARD NO 58/2022 DATED NIL ISSUED BY THE SECOND RESPONDENT Exhibit P6 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER KUNNUMANNA DATED

27.01.2023 Exhibit P7 A TRUE COPY OF THE NOTICE OF THE SPECIAL TAHSILDAR DATED 04/03/2023 Exhibit P8 A TRUE COPY OF THE APPLICATION DATED

15.09.203, THE SAME ACCEPTED WITH SEAL AND SIGNATURE DATED 21.09.2023 OF THE THIRD RESPONDENT

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