Kerala High Court
Sheeja Kumari vs State Of Kerala And Others on 11 August, 2021
WP(C) NO. 27772 OF 2011 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 27772 OF 2011
PETITIONER/S:
SHEEJA KUMARI
W/O.G.JAYAKUMAR, "GANGOTHRI",, AYYAPPA NAGAR, THONNALLOOR,
PANDALAM P.O.,, PATHANAMTHITTA DISTRICT.
BY ADV SRI.K.R.RADHAKRISHNAN NAIR
RESPONDENT/S:
1 STATE OF KERALA AND OTHERS
REPRESENTED BY ITS SECRETARY,, REVENUE (DEVASWOM) DEPARTMENT,
SECRETARIAT,, THIRUVANANTHAPURAM.
2 THE COMMISSIONER
LAND REVENUE, THIRUVANANTHAPURAM.
3 THE DISTRICT COLLECTOR
PATHANAMTHITTA DISTRICT.
4 THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY,, DEVASWOM BUILDINGS, NANTHANCODE,,
THIRUVANANTHAPURAM.
5 THE COMMISSIONER
TRAVANCORE DEVASWOM BOARD,, DEVASWOM BUILDINGS, NANTHANCODE,,
THIRUVANANTHAPURAM.
6 AKHILA BARATHA AYYAPPA SEVA SANGHAM
BRANCH NO.344, REPRESENTED BY ITS SECRETARY,, THONNALLOOR,
PANDALAM.
BY ADVS.
GOVERNMENT PLEADER
G.SANTHOSH KUMAR (P).
SRI.P.GOPAL
SRI.ASP.KURUP
SRI.SADCHITH.P.KURUP
OTHER PRESENT:
SMT.MABLE.C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27772 OF 2011 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.27772 of 2011
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Dated this the 11th day of August, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"i) Call for records leading to issuance of Exhibit P8 notice
and issue a writ of certiorari or any other appropriate writ,
order or direction, quashing Ext.P8.
ii) Issue a writ of Mandamus or any other appropriate Writ,
Order or Direction, directing the 3 rd respondent to dispose of
Ext.P7 after site inspection and hearing the petitioner on the
basis of Ext.P7 filed under Section 5A of the Land Acquisition
Act within a time frame fixed by this Hon'ble Court.
iii) To issue such other directions or orders as this Hon'ble
Court may deem fit and proper in the nature and
circumstances of the case."
2. The main prayer of the petitioner is that a well is
there in the property to be acquired and the same is to be
protected. Therefore, this Court passed an order on
4.4.2012, which is extracted hereunder :
"I.A.No.5359 of 2012
Respondents 3, 4 and 5 are directed to keep in abeyance any
steps for reclamation or destruction of the well situated within
the property acquired from the petitionr for a period of two
months. It is made clear that the above order will not stand in
the way of taking over possession of the property from the
petitioner."
That order was extended until further orders on
29.5.2012.
3. Today, when the matter came up for consideration,
the learned Government Pleader submitted that the
acquisition proceedings are already over and the land is
already handed over to the Dewaswom Board. But, the
counsel for the petitioner submitted that the small area
where the well is situated, is already protected by the 4 th
respondent and the 4th respondent is taking steps in the
light of the direction of this Court in W.P.(C.) No. 397 of
2018. The petitioner is free to take follow up action based
on the directions in the above judgment. In the light of the
above judgment, no further order is necessary in this writ
petition.
Therefore, this writ petition is closed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EDT.P1 TRUE COPY OF THE LETTER DATED 8.4.2009 ISSUED BY THE 1ST
RESPONDENT.
EXT.P2 TRUECOPY OF ORDER NO. 488/09/R-D DATED 9.12.2009 ISSUED BY THE
GOVERNMENT
EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 8.1.2010 SUBMITTED BY THE
6TH RESPONDENT BEFORE THE 3RD RESPONDENT
EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 9.1.2010 SUBMITTED BY THE
AYYAPPA NAGAR RESIDENTS ASSOCIATION BEFORE THE 3RD RESPONDENT
EXT.P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY PANDALAM KOTTARAM
NIRVAHA SANGHAM BEFORE THE MINISTER FOR REVENUE, KERALA DATED 16.2.2010
EXT.P6 TRUE COPY OF THE JUDGMENT DATED 3.8.2010 IN WPC NO 4003/2010 OF
THIS HON'BLE COURT
EXT.P7 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED 16.8.2010
EXT.P8 TRUE COPY OF THE NOTICE DATED 17.8.2010 ISSUED BY THE SPECIAL
TAHSILDAR LAND ACQUISITION (GENERAL) PATHANAMTHITTA.
EXT.P9 TRUE COPY OF THE NOTICE DATED 22.3.2012 ISSUED BY THE SPECIAL
TAHSILDAR (GENERAL)PATHANAMTHITTA
EXT.P10 TRUE COPY OF THE NOTICE DATED 10.5.2012 ISSUED BY THE SPECIAL
TAHSILDAR (GENERAL) PATHANAMTHITTA FOR AND ON BEHALF OF THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS : NIL
