P C MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Prayers in this writ petition are as follows:-

(2.) It is contended that he petitioner's mother Plameena was the owner and in possession of 43. 500 cents of property in Survey No. 845/8 of Mulavukad village in Kanayannur Taluk in Ernakulam District by virtue of Exhibit P1 pattayam issued by the 6 th respondent. She was in possession of the above property till her death in 1999 and thereafter it was possessed by the petitioner and his siblings as the legal heirs of the deceased. While so, Exhibit P8 notification was issued for acquisition of the adjacent properties and excluding the petitioner's property. Thereafter, along with the adjacent properties, the petitioner's property was also taken possession of by the 3rd respondent without passing any award and giving any compensation for the reason that the petitioner's property was recorded in the survey records as Puramboke land. Subsequently, the petitioner approached this Court and based on Exhibit P18 judgment, the 5th respondent corrected the survey records and revenue records in favour of the petitioner. Thereafter, as per Exhibit P24 judgment this Court directed the 3rd respondent to dispose of the application for compensation and to pay the compensation to the petitioner. On a writ appeal filed by the respondents, this Court affirmed Exhibits P18 and P24 judgments but clarified that payment of compensation would be after examining the question of title, possession, actual extent available etc. The 3rd respondent passed Exhibit P28 order denying compensation to the petitioner for the acquired land. Hence this writ petition is filed to quash Exhibit P28 order passed by the 3rd respondent and for a direction to pay compensation to the petitioner and his siblings for the property covered by Exhibit P1.

(3.) Exhibit P28 order issued pursuant to Exhibit P25 judgment held as follows:-img