E JACOB VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD the 1st petitioner, who appeared in person and the learned Government Pleader appearing for the respondents.

(2.) THE writ petition has been filed challenging Ext.P11 order. Briefly stated, the case of the petitioners is concerning their entitlement to get compensation in respect of 1.62 Ares of land which was situated in Sy.No.281/10 (R.S.No.51/12) of Niranam Village. According to the petitioners, the land in question was acquired for widening the Kadapra Veeyapuram National Highway link road and that they made Exts.P4 and P5 representations to pay them the admitted compensation and to refer their claim for enhanced compensation. Subsequently they filed WP(C) No. 11628/11. That writ petition was disposed of by Ext.P10 judgment dated 12/8/11 directing that orders shall be passed on the representations filed. It was accordingly that Ext.P11 order was passed. In Ext.P11, it was found that the property having an extent of 1.62 Ares comprised in Sy.No.281/10 (R.S. No.51/12) was a puramboke and that therefore the proceedings initiated under the Land Acquisition Act were cancelled. It is also stated that in order to comply with the direction of this Court as contained in Ext.P10, the matter was taken up with the District Collector and that after enquiry, the District Collector also confirmed that the land in question is a puramboke land. Further, reference is also made to the proceedings of the Deputy Director of Survey, Pathanamthitta which also according to the 2nd respondent confirmed that the land in question is a puramboke land. In other words, on the conclusion that the land in question is a puramboke land, the claim of the petitioner for compensation and reference has been rejected by Ext.P11. It is this oder which is under challenge.

(3.) FOR that reason, Ext.P11 is quashed and the 2nd respondent is directed to pass orders as directed in Ext.P10 judgment of this Court consistent with the findings in Ext.P3 judgment referred to above. This shall be done as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. Writ petition is allowed as above.