IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936

WP(C).No. 5186 of 2015 (W)

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PETITIONER:

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SHAYIN ISMAIL

S/O.KORAMBAYIL SHOWKATHALI, CHERAKKARA ROAD, MANJERI

MALAPPURAM DISTT.

BY ADV. SRI.M.A.ABDUL HAKHIM

RESPONDENTS:

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1. STATE OF KERALA

REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT

SECRETARIAT, THIRUVANANTHAPURAM.

2. THE DISTRICT COLLECTOR,

MALAPPURAM DIST., MALAPPURAM.

3. THE SPECIAL TAHSILDAR (LA),

(GENERAL), MALAPPURAM.

BY GOVERNMENT PLEADER SRI. T. R.RAJESH

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

12-03-2015, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

DCS

WP(C).No. 5186 of 2015 (W)

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APPENDIX

PETITIONER(S)' EXHIBITS

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EXHIBIT P1- A PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY

THE PETITIONER TO THE 2ND & 3RD RESPONDENTS.

EXHIBIT P2- A PHOTOSTAT COPY OF THE REPLY ISSUED BY THE 3RD

RESPONDENT TO THE PETITIONER.

EXHIBIT P3- A PHOTOSTAT COPY OF THE NOTICE SENT BY THE 3RD

RESPONDENT TO THE PETITIONER.

EXHIBIT P4- A PHOTOSTAT COPY OF THE GOVERNMENT ORDER ISSUED BY

THE 1ST RESPONDENT.

EXHIBIT P5- A PHOTOSTAT COPY OF THE COMMON AWARD NO.2/2014 PASSED

BY THE 3RD RESPONDENT.

EXHIBIT P6- A PHOTOSTAT COPY OF THE ORDER PASSED BY THE 3RD

RESPONDENT.

EXHIBIT P7- A PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY

THE PETITIONER TO THE RESPONDENTS 2 & 3.

RESPONDENT(S)' EXHIBITS:- NIL

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/TRUE COPY/

P.A. TO JUDGE

DCS

V. CHITAMBARESH, J

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W.P.(C). NO. 5186 OF 2015

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Dated this the 12^th day of March, 2015

JUDGMENT

The compensation is now being offered to the petitioner

pursuant to Ext. P5 award passed under the Land Acquisition

Act, 1894. But no such award could have been passed on

21.08.2014 after the commencement of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013. All that the

petitioner prays is that the receipt of compensation should not

prejudice his right under the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013.

2.

It is made clear that the receipt of compensation by

the petitioner will be subject to further determination of

compensation under the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013. This is in view of Section 24(1)(a) of

the said Act and the receipt of compensation pursuant to

Ext.P5 award will not operate as an estoppel. Needless to say

that a fresh award would be passed under the Right to Fair

W.P.(C). NO. 5186 OF 2015 2

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 notwithstanding

Ext.P5 award.

The writ petition is disposed of.

V. CHITAMBARESH

JUDGE

DCS