Nainan David vs State Of Kerala
2021 Latest Caselaw 16210 Ker

WP(C) NO. 5829 OF 2021
                              1

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                   WP(C) NO. 5829 OF 2021
PETITIONER/S:

    1    NAINAN DAVID
         AGED 45 YEARS
         S/O. NAINAN DAVID KOCHUKUNJU, PUTHENVELIL
         MISHIBHAVAN, HOUSE NO. 191, MYLAPRA 689 678
         PATHANAMTHITTA

    2    JINI NAINAN DAVID,
         AGED 40 YEARS
         W/O. NAINAN DAVID, RESIDING AT MISHUBHAVAN, HOUSE
         NO. 191, MYLAPRA 689 678, PATHANAMTHITTA.

         BY ADVS.
         M.T.SURESHKUMAR
         SRI.R.RENJITH



RESPONDENT/S:

    1    STATE OF KERALA
         REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT
         OF REVENUE AND DISASTER MANAGEMENT, SURVEY BHAVAN,
         COTTON HILL ROAD, THIRUVANANTHAPURAM, PIN 695 014

    2    THE DISTRICT COLLECTOR,
         COLLECTORATE, PATHANAMTHITTA 2ND FLOOR,
         COLLECTORATE ROAD, CHITTOOR, PATHANAMTHITTA,
         KERALA 689 645

    3    DISTRICT SURVEY SUPERINTENDENT,
         4TH FLOOR, COLLECTORATE ROAD, CHITTOOR,
         PATHANAMTHITTA, KERALA 689 645

    4    THE TAHSILDAR,
 WP(C) NO. 5829 OF 2021
                                  2

           KONNI TALUK, SECOND FLOOR, MINI CIVIL STATION,
           CHANDANAPALLY, KONNI TALUK, 689 691

     5     TAHASILDAR (BHOOREKHA),
           COLLECTORATE PATHANAMTHITTA, 2ND FLOOR,
           COLLECTORATE ROAD, CHITTOOR, PATHANAMTHITA, KERALA
           689 645

     6     ADDITIONAL TAHSILDAR,
           KONNI TALUK, SECOND FLOOR, MINI CIVIL STATION,
           CHANDANAPALLY, KONNI ROAD 689 691

     7     VILLAGE OFFICER,
           MYLAPRA, PATHANAMTHITTA, COLLECTORATE ROAD,
           CHITTOOR, PATHANAMTHITTA, KERALA 689 645

     8     PUBLIC WORKS DEPARTMENT,
           REPRESENTED BY DIVISIONAL EXECUTIVE ENGINEER,
           KEERALA STATE TRANSPORT PROJECT, PONKUNNAM
           DIVISION, PONKUNNAM, KANJIRAPPALLY 686 506

           BY ADV GOVERNMENT PLEADER



OTHER PRESENT:

          SMT.SHEEJA.C.S., SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.08.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 5829 OF 2021
                                    3

                   P.V.KUNHIKRISHNAN, J
             -------------------------------
                  W.P.(C)No.5829 of 2021
            --------------------------------
          Dated this the 04th day of August 2021

                                JUDGMENT

The Writ Petition is filed with the following

prayers:

i. To issue a writ in the nature of mandamus or any other writ, order or direction to the 2nd and 8th respondents to correct the anomalies and mistakes in the survey as reflected in Ext.P7 report before proceeding with construction of Punalur-Angamali Kerala State Transport Project by utilizing the 2 cents of property belonging to the petitioners covered by Exts.p1 and P3 ii. Issue a writ in the nature of mandamus or any other writ order or direction to the respondent nos.2, 3, 4 and 8 to comply with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the relevant rules and procedures before acquiring and utilizing the 2 cents of property belonging to the petitioners covered by Exts.P1 to P3.

iii. To issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and WP(C) NO. 5829 OF 2021

circumstances of this case.

2. Today when the matter came up for

consideration, the 5th respondent filed a statement

producing Annexure R5(a) of the Tahasildar(LR),

Konni. Admittedly, there is a statutory remedy

against Annexure R5(a). If the petitioners are

aggrieved by Annexure R5(a), they are free to

challenge the same in accordance with law. All the

contentions raised by the petitioners in this Writ

Petition are left open.

The Writ Petition is disposed of in the

following manner:

1. The petitioners are free to challenge Annexure

R5(a) by filing an appeal/revision before the

appropriate authority within three weeks from

the date of receipt of a copy of this judgment

along with an application to condone delay in

filing the appeal/revision.

2. If such a revision/appeal along with petition

to condone delay is filed by the petitioners, WP(C) NO. 5829 OF 2021

the appropriate authority will consider the

same in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE rkc WP(C) NO. 5829 OF 2021

APPENDIX OF WP(C) 5829/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 2328 OF 2010 DATED 13-09-2010 OF PATHANAMTHITTA SUB REGISTRAR OFFICE

EXHIBIT P2 THE TRUE COPY OF THE PRIOR DEED NO. 1336 OF 2007 DATED 21-05-2007 OF PATHANAMTHITTA SUB REGISTRAR OFFICE

EXHIBIT P3 THE TRUE COPIES OF THE LAND TAX RECEIPTS DATED 02-07-2011 NO. 2084701, PAID FOR THE YEAR 2011 TO 2012 AT THE MYLAPRA VILLAGE

EXHIBIT P3 (a) THE TRUE COPY OF THE LAND TAX RECEIPTS DATED 02-07-2012-NO 2044747 PAID FOR THE YEAR 2012 TO 2013 AT THE MYLAPRA VILLAGE

EXHIBIT P3 B THE TRUE COPY OF THE LAND TAX RECEIPTS DATED 22-07-2013 NO. 3068935 PAID FOR THE YEAR 2013 TO 2014 AT THE MYLAPRA VILLAGE`

EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 28-04-

2015 VIDE NO. SS6-444-13 ALONG WITH THE ENVELOPE EVIDENCING THE RECEIPT OF NOTICE BY THE PETITIONERS ON 24-06-2015

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 28-06-2019 WHICH WAS NUMBERED AS PGR CELL NO. 2022 ISSUED FROM THE COLLECTORATE

EXHIBIT P6 A TRUE COPY OF THE SKETCH OF THE PROPERTY BELONGING TO THE PETITIONERS SPECIFICALLY MARKING THE ACQUIRED PROPERTY AS ADEF

EXHIBIT P7 A TRUE COPY OF THE REPORT DATED 04-09-

2019 VIDE NO. D6-6084/19 OF THE WP(C) NO. 5829 OF 2021

TAHASILDAR (BHOOREKHA)

RESPONDENTS' EXHIBITS

ANNEXURE R5A TRUE COPY OF THE PROCEEDINGS NO.C11-

10268/16/D.DIS DT.30.9.2020 OF THE TALUK SURVEYOR.