Kerala High Court
Krishnakumar V. K vs State Of Kerala on 4 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
W. P. (C) Nos. 12634 & 13745 of 2024
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 12634 OF 2024
PETITIONER/S:
KRISHNAKUMAR V. K.
AGED 50 YEARS
S/O. KELAN PANICKER, VENGASSERY HOUSE, KOWKKADU,
THEYYATHUMPADOM, EDAKKARA, MALAPPURAM DISTRICT,,
PIN - 679331
BY ADVS.
ANEESH JAMES
JIJO THOMAS
M.D.BEENA
NEHA VIJAY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERNMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE OF KERALA,
REPRESENTED BY SECRETARY TO THE GOVERNMENT TAXES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -, PIN - 695001
3 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT WOMEN
AND CHILD DEVELOPMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4 INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
NEAR DISTRICT COURT, VANCHIYOOR,
THIRUVANANTHAPURAM, PIN - 695035
5 DISTRICT REGISTRAR (GENERAL),
DISTRICT REGISTRAR (GENERAL) OFFICE, MALAPPURAM
DISTRICT, PIN - 676505
W. P. (C) Nos. 12634 & 13745 of 2024
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6 SUB REGISTRAR
SRO EDAKARA, EDAKARA POST, MALAPPURAM DISTRICT-,
PIN - 679331
7 ASSISTANT ENGINEER
PUBLIC WORKS DEPARTMENT (BUILDINGS) NILAMBUR PO,
MALAPPURAM DISTRICT-, PIN - 679329
8 SHOBHANA CHERUKARA
D/O. NARAYANAN NAIR, AGED 60, CHERUKARA HOUSE,
PALUNDA, EDAKARA POST, MALAPPURAM DISTRICT, PIN,
PIN - 679331
9 VIJAYA KUMAR DAS
S/O. VELAYUDHAN, AGED ABOUT 55 SREENILAYAM HOUSE
PARLI, PO EDAKARA NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 679331
10 NILAMBUR BLOCK PANCHAYAT
NILAMBUR BLOCK OFFICE CHNATHAKUNNU NILAMBUR,
REPRESENTED BY ITS PRESIDENT, PIN - 679842
BY ADVS.
SHRI.C.E.UNNIKRISHNAN SPL. G.P TO A.G()
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(C).13745/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) Nos. 12634 & 13745 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 13745 OF 2024
PETITIONER/S:
RAJESH KUMAR V. S
AGED 58 YEARS
S/O. SUDHAKARAN, DOCUMENT WRITER, VALYNOOR HOUSE,
PALEMADU PO, EDAKKARA VILLAGE NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 679331
BY ADVS.
K.C.ELDHO
S.BIJILAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL REGISTRATION,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DISTRICT REGISTRAR
OFFICE OF THE DISTRICT REGISTRAR, MALAPPURAM
DISTRICT, PIN - 676505
4 SUB REGISTRAR
SRO EDAKARA, EDAKARA POST, MALAPURAM DISTRICT,
PIN - 676101
5 ASSISTANT ENGINEER
PUBLIC WORKS DEPARTMENT (PWD) NILAMBUR PO,
MALAPPURAM DISTRICT, PIN - 679329
6 VIJAYA KUMAR DAS
AGED 55 YEARS
S/O. VELAYUDHAN, SREENILAYAM HOUSE PARLI, PO
EDAKARA NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN
- 679331
W. P. (C) Nos. 12634 & 13745 of 2024
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7 SHOBHANA CHERUKARA
AGED 60 YEARS
D/O. NARAYANAN NAIR, EDAKARA POST, MALAPPURAM
DISTRICT, PIN - 679331
OTHER PRESENT:
SPL.GP.C.E.UNNIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(C).12634/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) Nos. 12634 & 13745 of 2024
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JUDGMENT
Dated this the 4th day of April, 2024 A. J. Desai, C. J.
These writ petitions are filed in the nature public interest litigation challenging the Government Order dated 28.02.2024 passed by the Taxes (E) Department, State of Kerala, by which the State authorities have decided to take over the land in Sy. No. 1079/1A-1345 of Edakkara Village, Nilambur Taluk, to the extent of 12 cents for the purpose of constructing a building for Edakkara Sub Registrar Office instead of the earlier decision to take over another land to the extent of 10 cents in Sy. No. 1044/7A-412 of Edakkara Village, Nilambur Taluk, mainly on the ground that the decision may cause hardship to the persons who intend to register their documents with the authority. The petitioner in W. P. (C) No. 12634 of 2024 is a local resident whereas the petitioner in W. P. (C) No. 13745 of 2024 is a document writer who has to frequently visit the Sub Registrar Office.
2. Learned counsel appearing for the petitioners would submit W. P. (C) Nos. 12634 & 13745 of 2024 -6- that 10 cents of land in Sy. No. 1044/7A-412 was offered free of cost and was accepted by the authority after considering various aspects. However, the Government has decided to shift the proposed building to another land in Sy. No. 1079/1A-1345. They would submit that if the Sub Registrar Office is constructed in that area, there will be difficulties for the local people to visit the place and therefore, the decision taken by the authority may be quashed and set aside.
3. On the other hand, learned Special Government Pleader would submit that initially, the authority had decided to take over 10 cents of land in Sy. No. 1044/7A-412. Later, another person offered 12 cents of land in Sy. No. 1079/1A-1345 and thereafter, considering various aspects, the Government decided to accept the 12 cents of land. He would submit that both the persons have offered the land free of cost for construction of the Sub Registrar Office. He would further submit that there are no allegations against any of the respondents with regard to the decision to change the location of the proposed building. He would also submit that the Government, after considering various aspects and having got more land offered by the W. P. (C) Nos. 12634 & 13745 of 2024 -7- second person, decided to put up the construction in Sy. No. 1079/1A-1345. He would further submit that one of the petitioners is an interested person since he is a document writer and it is because of his own interest, the writ petition is filed. He would submit that the decision taken by the authority does not affect the public at large only on the ground that the office will be shifted to some distant place. He therefore would submit that the petitions may be dismissed with cost.
4. We have heard the learned Advocates appearing for the respective parties.
5. It is an undisputed fact that initially one person offered 10 cents of land for construction of a Sub Registrar Office, whereas, subsequent to the decision of the authority to utilise that land, another person offered 12 cents of land. As the Government is getting more land in the new place, that too, free of cost, the authority, after considering various future aspects like development of the area, decided to take over the 12 cents of land. It is also pertinent to note that no malafides are alleged against the persons W. P. (C) Nos. 12634 & 13745 of 2024 -8- from whom the Government has accepted the land.
In these circumstances, we do not find any reason to interfere with the order impugned in these petitions.
The writ petitions are dismissed accordingly.
Sd/-
A. J. DESAI CHIEF JUSTICE Sd/-
V. G. ARUN JUDGE Eb W. P. (C) Nos. 12634 & 13745 of 2024 -9- APPENDIX OF WP(C) 12634/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMUNICATION SENT BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT DATED 04.08.2023, TOGETHER WITH ITS TRUE ENGLISH TRANSLATION, Exhibit P2 A TRUE COPY OF THE COMMUNICATION GIVEN BY THE 9TH RESPONDENT TO THE 5TH RESPONDENT DATED 20.12.2023 EXPRESSING HIS WILLINGNESS TO SURRENDER LAND, ALONG WITH ITS TRUE ENGLISH TRANSLATION Exhibit P3 A TRUE COPY OF THE REPORT DATED 22.01.2024 SUBMITTED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT, ALONG WITH ITS TRUE ENGLISH TRANSLATION Exhibit P4 A TRUE COPY OF THE G.O.(ORD.) NO.
147/2024/TAXES DATED 19.02.2024, ALONG WITH ITS TRUE ENGLISH TRANSLATION Exhibit P5 A TRUE COPY OF G.O.(ORD.) NO.
179/2024/TAXES DATED 28.02.2024, ALONG WITH ITS TRUE ENGLISH TRANSLATION Exhibit P6 A TRUE COPY OF THE REQUEST DATED 03.02.2024 SUBMITTED BY THE CHILD DEVELOPMENT PROJECT OFFICER, NILAMBUR TO THE NLIAMBUR BLOCK PANCHAYAT OFFICE, ALONG WITH ITS TRUE ENGLISH TRANSLATION Exhibit P7 PHOTOGRAPHS OF THE PROPERTY OFFERED BY THE 9TH RESPONDENT Exhibit P8 A TRUE COPY OF THE MASS REPRESENTATION DATED 28.02.2024 SUBMITTED BEFORE THE 1ST RESPONDENT, ALONG WITH ITS TRUE ENGLISH TRANSLATION W. P. (C) Nos. 12634 & 13745 of 2024 -10- APPENDIX OF WP(C) 13745/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FORWARDING LETTER DATED 4/8/2023 SUBMITTED BY THE 4TH RESPONDENT SUB REGISTRAR THROUGH PROPER CHANNEL TO THE 3RD RESPONDENT ALONGWITH ITS TRUE ENGLISH TRANSLATION Exhibit P2 A TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT SUB REGISTRAR DATED 22/1/2024 ALONGWITH ITS TRUE ENGLISH TRANSLATION Exhibit P3 A TRUE COPY OF THE ORDER DATED 19/2/2024 IN GO(ORD)NO147/2024/TAXES ALONGWITH ITS TRUE ENGLISH TRANSLATION Exhibit P4 A TRUE COPY OF THE ORDER DATED 28/2/2024 ISSUED BY THE 1ST RESPONDENT GOVERNMENT REVERSING ITS OWN DECISION IN EXHIBIT P3 ALONGWITH ITS TRUE ENGLISH TRANSLATION Exhibit P5 A TRUE COPY OF THE MASS REPRESENTATION DATED 28/2/2024 ALONGWITH ITS TRUE ENGLISH TRANSLATION Exhibit P6 A TRUE COPY OF THE WRITTEN CONSENT SUBMITTED BY THE 7TH RESPONDENT SURRENDERING 5 CENTS DATED 29/07/2023 ALONGWITH ITS TRUE ENGLISH TRANSLATION Exhibit P7 A TRUE COPY OF THE FAIR VALUE PUBLISHED BY THE 1ST RESPONDENT GOVERNMENT AS REGARDS THE PROPERTY OF RESPONDENT 6 AND 7 Exhibit P8 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.9328 OF 2024 DATED 27/3/2024 OF THIS HON'BLE COURT