Susan Jacob vs State Of Kerala
2021 Latest Caselaw 4846 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                     W.P.(C) No.719 OF 2021(L)

PETITIONER/S:
       1      SUSAN JACOB
              AGED 75 YEARS
              W/O. THE LATE J. P. ABRAHAM, PALAKKUNNATHU HOUSE,
              KUMBAZHA P. O., PATHANAMTHITTA VILLAGE, KOZHENCHERY
              TALUK, PATHANAMTHITTA DISTRICT, PIN - 689653.

      2      MATHEW JACOB
             AGED 50 YEARS
             S/O. THE LATE J. P. ABRAHAM, PALAKKUNNATHU HOUSE,
             KUMBAZHA P. O., PATHANAMTHITTA VILLAGE, KOZHENCHERRY
             TALUK, PATHANAMTHITTA DISTRICT, PIN - 689653.

             BY ADVS.
             SRI.M.RISHIKESH SHENOY
             SRI.GEORGE G.POOTHICOTE
             SMT.SMITHA S.

RESPONDENT/S:
       1      STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

      2      THESPECIAL TAHASILDAR (CORRECTED)
             LA (NH), RANNI, PATHANAMTHITTA DISTRICT, PIN -
             689672.

             RESPONDENT 2 CORRECTED

             SPECIAL TAHASILDAR, LA(GENERAL), RANNI,
             PATHANAMTHITTA DISTRICT, PIN-689672.
             (IS SUO MOTU CORRECTED AS PER ORDER DATED 12-01-2021
             IN WP(C) 719/2021).

      3      THE EXECUTIVE ENGINEER
             PUBLIC WORKS DEPARTMENT (KERALA STATE TRANSPORT
             PROJECT DIVISION), PONKUNNAM, KANJIRAPPALLY, PIN -
             686506.

             SMT K.AMMINIKUTTY - SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.719 OF 2021(L)

                                       2

                                 JUDGMENT

The petitioners, who are joint owners in possession of

property having an extent of 10.12 ares made up with an extent

of 04.86 ares in Survey No.44/1/6/1/1 and another extent of

05.26 ares in Survey No.44/1/5 of Pathanamthitta Village,

covered by Ext.P1 partition deed bearing No.1312 of 2007,

registered in Book No.1, Volume 1229 on Pages 377 to 382 of

Sub Registrar Office, Pathanamthitta, have filed this writ petition

under Article 226 of the Constitution of India, seeking a writ of

mandamus commanding respondents to deprive the petitioners

from their properties only by due process of law and not to

trespass into their properties. The petitioners have also sought

for a writ of mandamus commanding the respondents that, if

they are in need of any portion of the property belonging to the

petitioners, they may acquire the same or any portion thereof

by taking recourse to the provisions of Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013.

2. On 11.01.2021, when this writ petition came up for

admission, the learned Government Pleader was directed to get

instructions.

W.P.(C) No.719 OF 2021(L)

3. On 12.01.2021, the learned Government Pleader, on

instructions, from the 2nd respondent Special Tahsildar, LA

(General) pointed out that the property of the petitioners is not

under acquisition for widening of Punalur - Muvattupuzha Road

(State Highway-8). Paragraph 4 of that order reads thus;

"The learned Senior Government Pleader, on instructions from the 2nd respondent Special Tahasildar, LA (General), would submit that the property of the petitioners is not under acquisition for widening of Punalur - Muvattupuzha Road (State Highway-8) and that, the 2 nd respondent has initiated steps in order to fix the boundary of State Highway in the Government Puramboke in front of the petitioners' property, with the help of the Tahasildar, Kozhencherry, which shall be done only with notice to the petitioners. The said submission is recorded."

4. Heard the learned counsel for the petitioner and also

the learned Government Pleader appearing for the respondents.

5. Before this Court, the specific stand taken by the 2 nd

respondent Special Tahasildar is that, the property of the

petitioners is not under acquisition for widening of Punalur -

Muvattupuzha Road (State Highway-8). The 2nd respondent has

already initiated steps in order to fix the boundary of State

Highway in the Government Puramboke in front of the

petitioners' property, with the help of the Tahasildar, W.P.(C) No.719 OF 2021(L)

Kozhencherry, with notice to the petitioners. In view of the

above stand taken by the 2nd respondent Special Tahasildar, the

petitioners cannot have a grievance.

In such circumstances, this writ petition is closed,

recording the aforesaid stand taken by the 2nd respondent

Special Tahasildar.

Sd/-

ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.719 OF 2021(L)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PARTITION DEED NO.1312 OF 2007 OF PATHANAMTHITTA SUB REGISTRAR OFFICE.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 02.12.2020.

EXHIBIT P3 TRUE COPY OF THE RECEIPT NO.1879 DATED 02.12.2020.

EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 09.07.2020 OF THIS HON'BLE COURT IN W.P.(C) NO.13800 OF 2020.

EXHIBIT P5 TRUE COPY OF THE INFORMATION DATED 18.06.2020 GIVEN BY THE INFORMATION OFFICER, KERALA PUBLIC WORKS DEPARTMENT.