K.P.Hariharan Nair vs The State Of Kerala

Kerala High Court

K.P.Hariharan Nair vs The State Of Kerala on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 37772 OF 2017
PETITIONERS:

    1       K.P.HARIHARAN NAIR
            S/O PARAMESWARAN NAIRM,KUNNEDATH HOUSE,WEST
            KADUNGALLUR,MUPPATHADAM.PO,ERNAKULAM-683110.

    2       P.B.ABDUL AZEEZ
            PALUPPALLATH HOUSE,ULIYANNUR.P.O,KUNJUNNIKKARA,ALUVA-
            683108.

    3       P.M.ISMAYIL
            PULIMOOTTIL HOUSE,BRIDGE ROAD,ALUVA-683101.

    4       K.P.JAGATH SINGH
            KUZHUPPILLI VEEDU,EAST KADUNGALLUR,UC
            COLLEGE.P.O,ALUVA-683102.

    5       POLY PAUL
            VATTIPPALLI HOUSE,BRIDGE ROAD,ALUVA-683101.

            BY ADVS.
            SRI.S.SREEKUMAR (SR.)
            SRI.V.E.ABDUL GAFOOR
            SRI.T.T.MUHAMOOD
            SRI.A.MOHAMMED SAVAD
            SRI.C.Y.VINOD KUMAR


RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,REVENUE
            DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.

    2       THE LAND REVENUE COMMISSIONER
            PUBLIC OFFICE,THIRUVANANTHAPURAM.

    3       THE DISTRICT COLLECTOR
            CIVIL STATION,KAKKANAD,ERNAKULAM-682041.

    4       THE THAHASILDAR
            ALUVA-683101.
 W.P (C) No.37772 of 2017


                                 2

    5        THE VILLAGE OFFICER
             ALUVA WEST VILLAGE,ALUVA-683101.

             BY ADV GOVERNMENT PLEADER



OTHER PRESENT:

             SRI.S.RANJITH, SPL.GP TO AAG




      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   21.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P (C) No.37772 of 2017


                                     3

                  P.V.KUNHIKRISHNAN,J.
               ---------------------
                  W.P (C) No.37772 of 2017
            ---------------------------
              Dated this the 21st day of May, 2024

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i) A writ of certiorari or any other appropriate writ, order, quashing Exhibit: P15 Government order.

ii) A writ of mandamus or any other writ, order or direction, directing the respondents to assign the land to the petitioners in implementation of Exhibit:P14 Government order.

iii) A writ of mandamus or any other appropriate writ order or direction, directing the respondents not to disposes the petitioners from the property.

iv. such other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case." [SIC]

2. The petitioners are in possession of various extent of land in Aluva West Village. It is the case of the petitioners that they inherited the properties from their predecessors in interest by succession. Their predecessors were running business establishment in the building constructed in the said properties since 1952 onwards is the submission. According to the petitioners, they are in occupation of the land and running the business in the said W.P (C) No.37772 of 2017 4 property. Some of them had set up the residential building also in the said property. Originally the property in question belongs to one Sri.K.S.Ramanpillai Kochuveettil, who was a participant in the World War II is the further submission. He got the property on Kuthakapattam and the petitioners came to possession of the land on lease from Kuthakapatam holder. The petitioners constructed the building on the strength of building permit issued by the Aluva Municipality is the further submission. All the petitioners are doing the business in the shop rooms constructed in the said property and some of the petitioners are residing in the said property with their family is the further submission. Considering the fact that the property is in possession of the petitioners since 1952, the Government, as per Ext.P14 order directed the District Collector to assign the land to the petitioners, collecting the market value of the property. The petitioners approached the 3rd respondent for fixing market value of the land for the issuance of patta. However, subsequently Ext.P14 is cancelled by Ext.P15 order. The main grievance of the W.P (C) No.37772 of 2017 5 petitioners is that the Government has no jurisdiction to review its own order. It is also submitted that Ext.P15 is an order passed without giving an opportunity of hearing to the petitioners. Hence, this writ petition.

3. Heard the learned counsel for the petitioners and the learned Government Pleader.

4. When this writ petition came up for consideration, this Court ordered status quo as far as the property is concerned and the status quo order is in force even now. A perusal of Ext.P15 would not show that it is an order passed after giving an opportunity of hearing to the petitioners. Once, a benefit is given to the petitioners and if the same is to be cancelled, it is the duty of the Government to hear the affected parties also. In such circumstances, I am of the considered view that, without expressing any opinion on merit, Ext.P15 can be set aside and there can be a direction to reconsider the matter after giving an opportunity of hearing to the petitioners.

Therefore, this writ petition is disposed of with the following directions:-

6

        1)    Ext.P15 is set aside.


        2)    The    1st     respondent    is     directed   to
        reconsider     the     matter,    after     giving   an

opportunity of hearing to the petitioners.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.37772 of 2017 7 APPENDIX OF WP(C) 37772/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PERMIT DATED 25.11.1972 ISSUED BY THE MUNICIPAL COUNCIL ALUVA EXHIBIT P2 TRUE COPY OF THE TAX RECEIPTS SHOWING THE REMMITTANCE OF TAX IN RESPECT OF THE SAID PROPERTY EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY ALUVE MUNICIPALITY DATED 17.02.2017 IN RESPECT OF DOOR NO.131 EXHIBIT P4 TRUE COPY OF THE RECEIP DATED 17.02.2017 IN RESPECT OF 132.

EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT NO.75/73 DATED 28.9.1973 ISSUED BY THE ALUVA MUNICIPALITY EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT SHOWING THE REMITTANCE OF TAX IN RESPECT OF THE SAID PROPERTY EXHIBIT P7 TRUE COPY OF THE RECEIPT FOR PAYMENT OF TAX FOR THE ABOVE SAID PROPERTY DATED 11.5.2001.

EXHIBIT P8 TRUE COPY OF THE BUILDING TAX DATED 9.2.2017 ISSUED BY THE ALUVA MUNICIPALITY EXHIBIT P9 TRUE COPY OF THE LAND RECEIPT DATED 08.01.1999 EXHIBIT P10 TRUE COPY OF THE LAND TAX RECEIPT DATED 22.3.1991.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 12.10.2015 SUBMITTED BY THE PETITIONERS EXHIBIT P12 TRUE COPY OF THE LR.NO.L2/84854/15 W.P (C) No.37772 of 2017 8 DATED 30.12.2015 SENT BY THE DISTRICT COLLECTOR TO THE LAND REVENUE COMMISSIONER.

EXHIBIT P13           TRUE COPY OF THE LR.N.12/84854/15 DATED
                      30.12.2015    SENT   BY  THE   DISTRICT
                      COLLECTOR    TO    THE  LAND    REVENUE
                      COMMISSIONER

EXHIBIT P14           TRUE COPY OF G.O(MS)NO.260/2016/REVENUE
                      DATED 4.3.2016

EXHIBIT P15           TRUE   COPY  OF   THE   G.O(MS)NO.276/17
                      REVENUE DATED 11.8.2017.