Kerala High Court
K.B.Abdul Kareem vs State Of Kerala on 2 August, 2021
WA No.732/2021 1 / 10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Monday, the 2nd day of August 2021 / 11th Sravana, 1943
I.A.NO.1/2021 IN WA NO. 732 OF 2021
AGAINST JUDGMENT DATED 05.11.2020 IN WP(C) 16942/2019 OF THIS COURT.
---
PETITIONER/APPELLANT:
K.B.ABDUL KAREEM, AGED 70 YEARS,MANGALAPPILLY HOUSE,
PLOT NO. 112, GCDA COLONY, CONVENT ROAD-1,
THOTTAKATTUKARA P.O., ALUVA 683108.
RESPONDENTS/RESPONDENTS:
1.STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2.DISTRICT LEVEL PURCHASE COMMITTEE,(LAND ACQUISITION AUTHORITY),
REPRESENTED BY ITS CHAIRMAN,DISTRICT COLLECTOR,ERNAKULAM-682 030.
3.SPECIAL TAHSILDAR (LA) NO. III,KOCHI INTERNATIONAL AIRPORT,
NEDUMBASSERY, NAYATHODE P.O, ERNAKULAM DISTRICT, PIN-673 572.
4.ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD,
2ND FLOOR,PREETHI BUILDING,M.V. ROAD,PADIVATTOM,KOCHI-682 025,
REPRESENTED BY ITS MANAGING DIRECTOR.
5.THE LAND REVENUE COMMISSIONER,OFFICE OF THE LAND REVENUE COMMISSIONER,
VIKHAS BHAVAN P.O, THIRUVANANTHAPURAM-695 033.
P.T.O.
WA No.732/2021 2 / 10
6.THE VILLAGE OFFICER, CHOWARA VILLAGE OFFICE,
CHOWARA, ALUVA-683571.
7.ADDITIONAL CHIEF SECRETARY, REVENUE (B) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to accept documents
marked as Annexures A1 to A8 on the file of the writ appeal, in the
interest of justice.
This application coming on for orders on 02.08.2021 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of M/S.E.N.VISHNU NAMBOODIRI, NARAYANAN
P.P.,REJINARK P.,M.K.SASEENDRAN & P.SANKARAN NAMPOOTHIRI, Advocates for
the petitioners, the court passed the following:
P.T.O.
WA No.732/2021 3 / 10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Monday, the 2nd day of August 2021 / 11th Sravana, 1943
I.A.NO.2/2021 IN WA NO. 732 OF 2021
AGAINST JUDGMENT DATED 05.11.2020 IN WP(C) 16942/2019 OF THIS COURT.
---
PETITIONER/APPELLANT:
K.B.ABDUL KAREEM, AGED 70 YEARS,MANGALAPPILLY HOUSE,
PLOT NO. 112,GCDA COLONY,CONVENT ROAD-1,
THOTTAKATTUKARA P.O,ALUVA-683108.
RESPONDENTS/RESPONDENTS:
1.STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2.DISTRICT LEVEL PURCHASE COMMITTEE,
(LAND ACQUISITION AUTHORITY),REPRESENTED BY ITS CHAIRMAN,
DISTRICT COLLECTOR,ERNAKULAM-682 030.
3.SPECIAL TAHSILDAR (LA) NO. III,
KOCHI INTERNATIONAL AIRPORT, NEDUMBASSERY,
NAYATHODE P.O., ERNAKULAM DISTRICT, PIN-673 572.
4.ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD,
2ND FLOOR,PREETHI BUILDING,M.V. ROAD,PADIVATTOM,
KOCHI-682 025,REPRESENTED BY ITS MANAGING DIRECTOR.
5.THE LAND REVENUE COMMISSIONER,
OFFICE OF THE LAND REVENUE COMMISSIONER,
VIKHAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.
P.T.O.
WA No.732/2021 4 / 10
6.THE VILLAGE OFFICER, CHOWARA VILLAGE OFFICE,
CHOWARA, ALUVA-683571
7.ADDITIONAL CHIEF SECRETARY, REVENUE (B) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to accept
document marked as Annexure A9 on the file of the writ appeal, in
the interest of justice.
This application coming on for orders on 02.08.2021 upon
perusing the application and the affidavit filed in support thereof,
and upon hearing the arguments of M/S.E.N.VISHNU
NAMBOODIRI, NARAYANAN P.P.,REJINARK.P.,M.K.SASEENDRAN & P.SANKARAN
NAMPOOTHIRI, Advocates for the petitioners, the court passed the
following:
P.T.O.
WA No.732/2021 5 / 10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Monday, the 2nd day of August 2021 / 11th Sravana, 1943
I.A.NO.3/2021 IN WA NO. 732 OF 2021
AGAINST JUDGMENT DATED 05.11.2020 IN WP(C) 16942/2019 OF THIS COURT.
---
PETITIONER/APPELLANT:
K.B.ABDUL KAREEM, AGED 70 YEARS,MANGALAPPILLY HOUSE,
PLOT NO. 112, GCDA COLONY, CONVENT ROAD-1,
THOTTAKATTUKARA P.O, ALUVA-683108.
RESPONDENTS/RESPONDENTS:
1.STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2.DISTRICT LEVEL PURCHASE COMMITTEE,
(LAND ACQUISITION AUTHORITY),
REPRESENTED BY ITS CHAIRMAN,
DISTRICT COLLECTOR,ERNAKULAM-682 030.
3.SPECIAL TAHSILDAR (LA) NO. III,
KOCHI INTERNATIONAL AIRPORT, NEDUMBASSERY,
NAYATHODE P.O, ERNAKULAM DISTRICT PIN-673 572.
P.T.O.
WA No.732/2021 6 / 10
4.ROADS AND BRIDGES DEVELOPMENT CORPORATION
OF KERALA LTD,2ND FLOOR,PREETHI BUILDING,
M.V. ROAD,PADIVATTOM,KOCHI-682 025,
REPRESENTED BY ITS MANAGING DIRECTOR.
5.THE LAND REVENUE COMMISSIONER,
OFFICE OF THE LAND REVENUE COMMISSIONER,
VIKHAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.
6.THE VILLAGE OFFICER, CHOWARA VILLAGE OFFICE,
CHOWARA, ALUVA-683571.
7.ADDITIONAL CHIEF SECRETARY, REVENUE (B) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
Application praying that in the circumstances stated in
the affidavit filed therewith the High Court be pleased to
call the unnumbered writ appeal relating to W.P.(C)
No.23751/2019 filed by Aysha Beevi K.B. and another with Writ
Appeal No.732/2021 and hear the same with W.A.No.732/2021, in
the interest of justice.
This application coming on for orders on 02.08.2021 upon
perusing the application and the affidavit filed in support
thereof, and upon hearing the arguments of M/S.E.N.VISHNU
NAMBOODIRI,NARAYANAN P.P.,REJINARK.P.,M.K.SASEENDRAN &
P.SANKARAN NAMPOOTHIRI, Advocates for the petitioners, the
court passed the following:
P.T.O.
WA No.732/2021 7 / 10
ANNEXURE A1: TRUE COPY OF JUDGMENT DATED 5.6.2003
IN W.P.(C)NO.17391/2003 OF THIS HON'BLE COURT.
ANNEXURE A2:TRUE COPY OF THE RELEVANT PAGES OF
MEMORANDUM OF WRIT PETITION NO.25571/2015
DATED 19.8.2015.
ANNEXURE A3:TRUE COPY OF THE ORDER DATED 5.4.2016 IN
W.P.(C) NO.25571/2015 OF THIS HON'BLE COURT.
ANNEXURE A4:TRUE COPY OF THE ORDER IN REVIEW PETITION
NO.463/2016 DATED 16.6.2016 OF THIS HON'BLE COURT.
ANNEXURE A5:TRUE COPY OF THE INTERIM ORDER IN
W.P.(C)NO.23751/2019 OF THIS HON'BLE COURT
DATED 22.7.2020.
ANNEXURE A6:TRUE COPY OF THE JUDGMENT DATED 20.12.2017
IN W.A.NO.2345 OF 2015 OF THIS HON'BLE COURT.
ANNEXURE A7:TRUE COPY OF THE JUDGMENT DATED 25.2.2020
IN W.P.(C) NO.31804/2019 OF THIS HON'BLE COURT.
ANNEXURE A8:TRUE COPY OF THE ORDER DATED 12.8.2019
ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A9:TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT
IN W.A.NO.154/2021 DATED 20.1.2021.
WA No.732/2021 8 / 10
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
I.A.Nos.1, 2 & 3 of 2021
in
W.A.No.732 of 2021
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 2nd day of August, 2021
ORDER
S.Manikumar, C.J.
I.A.Nos.1 & 2 of 2021
I.A.No.1 of 2021 is filed to accept the documents marked as
Annexures A1 to A8 on record. I.A.No.2 of 2021 is filed to accept the
document marked as Annexure A9 on record.
Mr.K.P.Harish, learned Senior Government Pleader has no objection
for receiving the abovesaid documents.
We are satisfied with the reasons assigned and placing on record the
submission of the State, I.A.Nos.1 and 2 are ordered. Registry is directed
to tag on record the documents.
I.A.No.3 of 2021
The above application is filed to call for the unnumbered writ appeal
relating to W.P.(C)No.23751 of 2019 filed by Aysha Beevi K.B. and another
and hear the same along with W.A.No.732 of 2021.
In support of the reliefs sought for Mr.E.N.Vishnu Namboodiri, learned
WA No.732/2021 9 / 10
I.A.Nos.1, 2 & 3 of 2021
in W.A.No.732 of 2021
counsel for the appellant submitted that W.P.(C)No.16942 of 2019 and W.P.
(C)No.23751 of 2019 were jointly heard and disposed of on 5.11.2020.
Thus, two writ appeals were filed, one against the decision in W.P.
(C)No.23751 of 2019 and the same has not been numbered for rectifying
certain defects. One such defect noticed by the Registry is non-production
of the translated version of a document, and that has been filed in
W.A.No.732 of 2021. There are other defects also.
Inviting the attention of this court to the directions issued in the
common judgment in W.P.(C)No.16942 of 2019 and W.P.(C)No.23751 of
2019, directing the Additional Chief Secretary, Revenue (B) Department
(additional respondent No.7 therein) to take an appropriate decision on
Exhibit P5 representation made by the appellant, after obtaining a report
from the Secretary, Land Board, through the Principal Secretary to
Government, Revenue Department, Mr.K.P.Harish, learned Senior
Government Pleader submitted that the enquiry is going on, with regard to
the directions issued; that he would ascertain and get appropriate
instructions from the respondents.
Though the appellant has sought for a prayer to call for the
unnumbered writ appeal, we are not inclined to do so. Hence, I.A.No.3 of
WA No.732/2021 10 / 10
I.A.Nos.1, 2 & 3 of 2021
in W.A.No.732 of 2021
2021 is dismissed. Permission is granted to approach the Registry to
explain, what is stated above.
After rectification of the defects, Registry is directed to post the writ
appeal filed against W.P.(C)No.23751 of 2019. In the meanwhile,
respondents to get instructions.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
02-08-2021 /True Copy/ Assistant Registrar
