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2025 DAILYLAW 8825 (KER)

KIRTI DHIRAJLAL v. State of Kerala

WP(C)/41627/2024 · 2025-03-25

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25390 WP(C) NO. 41627 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 41627 OF 2024 PETITIONER: KIRTI DHIRAJLAL AGED 74 YEARS D/O.DHIRAJLAL HEMCHAND, EDAVAZHIPURATH PARAMBA, NEAR OLIVE MARKETING, PARAYANCHERRY, KUTHIRAVATTOM.P.O., KOZHIKODE,, PIN - 673016 BY ADVS. K.A.SALIL NARAYANAN K.BINCYMOL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, L.A. DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE SPECIAL TAHSILDAR (L.A.) CIVIL STATION P.O KOZHIKODE, PIN - 673020 3 THE DISTRICT COLLECTOR KOZHIKODE COLLECTORAT CIVIL STATION P.O KOZHIKODE, PIN - 673020 4 THE KOZHIKODE CORPORATION BEACH ROAD, KOZHIKODE, REPRESENTED BY ITS SECRETARY., PIN – 673032 2025:KER:25390 WP(C) NO. 41627 OF 2024 2 SMT. DEEPA NARAYANAN, SR.GP SRI.V.KRISHNA MENON, SC SRI.SANTHOSH KUMAR G THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25390 WP(C) NO. 41627 OF 2024 3 T.R. RAVI, J. -------------------------------------------- W.P(C). No. 41627 of 2024 -------------------------------------------- Dated this the 25th day of March, 2025 JUDGMENT The proceedings regarding the acquisition have become final by the judgment of the Hon'ble Supreme Court in similar cases. The grievance of the petitioner is that the compensation due to him has neither been deposited nor paid. It is submitted that he is not even informed about the passing of the award. 2. The respondents have filed a statement in which it is stated that amounts have not been released since the petitioner did not produce original documents to prove the right over the land. It is also stated that awards were passed on 21.06.2011. The petitioner has filed a reply wherein it is affirmed that neither the amounts were paid nor deposited and award details were not furnished to the 2025:KER:25390 WP(C) NO. 41627 OF 2024 4 petitioner. 3. Admittedly, amounts have not been paid and the acquisition proceedings have also become final. There is no justification for retaining the amounts due to the petitioner. In the above circumstances, this writ petition is disposed of, with a direction to the respondents to release the amounts due to the petitioner with all statutory benefits at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. The petitioner shall produce all documents relating to the proof of the title before the respondents for necessary action. Sd/- T.R.RAVI JUDGE LEK 2025:KER:25390 WP(C) NO. 41627 OF 2024 5 APPENDIX OF WP(C) 41627/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE SPECIAL TAHSILDAR DATED NIL IS PRODUCED