Sahira vs Special Tahsildar (La)
2021 Latest Caselaw 6462 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                     WP(C).No.28125 OF 2020(M)


PETITIONER(S) :

      1      SAHIRA,
             AGED 52 YEARS,
             W/O. MUHAMMED, EDATHODIYIL HOUSE, PERUMANNA DESOM,
             PANTHEERANKAVU (P.O.), KOZHIKODE DISTRICT,
             PIN-673 019.

      2      SEMEERA,
             AGED 59 YEARS,
             W/O. ADBUL FAISAL,
             EDATHODIYIL HOUSE, KODAL DESOM, PANTHEERANKAVU
             (P.O.), KOZHIKODE DISTRICT, PIN- 673 019.

      3      SAINABHA,
             AGED 45 YEARS,
             W/O.P.C. BHAVAN, JISHA HOUSE,
             PANTHEERANKAVU (P.O.), KOZHIKODE DISTRICT,
             PIN- 673 019.

             BY ADVS.
             SRI.R.BINDU (SASTHAMANGALAM)
             SRI.PRASANTH M.P

RESPONDENT(S) :

      1      SPECIAL TAHSILDAR (LA),
             KOYILANDY, KOZHIKODE DISTRICT, PIN-673 305.

      2      KOZHIKODE CORPORATION,
             KOZHIKODE, PIN-673 032,
             REPRESENTED BY ITS SECRETARY.

      3      DISTRICT COLLECTOR,
             CIVIL STATION, KOZHIKODE, PIN-673 020.

      4      THE MANAGING DIRECTOR,
             KERALA STATE INFORMATION TECHNOLOGY,
             INFRASTRUCTURE LIMITED , 7TH FLOOR,
             FELICITY SQUARE M.G. ROAD, STATUE,
             THIRUVANANTHAPURAM, PIN- 695 001.
 WP(C).No.28125 OF 2020       2




      5      URALUNGUAL LABOUR CONTRACT CO-OPERATIVE SOCIETY
             LIMITED, MADAPPALLY COLLEGE ROAD,
             MADAPPALLY (P.O.), VATAKARA,
             KOZHIKODE DISTRICT, PIN- 673 102,
             REPRESENTED BY ITS SECRETARY.

      6      STATE OF KERALA,
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN-695 001.

             R2 BY ADV. SRI.G.SANTHOSH KUMAR (P).
             R4 BY SHRI.K.A.ABDUL SALAM, S.C., KERALA STATE IT
             INFRASTRUCTURE LTD. KSITIL
             R4 BY ADV. SRI.SUNIL V. MOHAMMED
             R5 BY ADV. SRI. M.SASINDRAN


             R2 BY SRI. V KRISHNA MENON, S.C.
             R1, R3 & R6 SMT SHEEJA C.S., SENIOR GOVERNMENT
             PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28125 OF 2020               3



                               JUDGMENT

Instant writ petition is filed seeking to quash Exhibits-P10 and P11

and also for a further direction to the respondents not to proceed with

the acquisition proceedings of the property of the petitioners comprised

in Re-Survey No.159/10 of the Nellikkode Village.

2. Sri Bindu Sasthamangalam, the learned counsel appearing

for the petitioners submitted that the challenge to Exhibits P10 and P11

was mounted when the preliminary notification under Section 11 was

issued by the appropriate Government. He contends that the petitioners

are entitled to raise their objections at the stage of Section 15 of the Act

30 of 2013, and in that view of the matter, it is prayed that this petition

be permitted to be withdrawn reserving the right of the petitioners to

raise their contentions at that stage.

3. I have heard the learned Government Pleader, Sri.V.Krishna

Menon, the learned standing counsel who appeared for the 2nd respondent,

Sri.Abdul Salam, the learned standing counsel appearing for the 4th

respondent and Sri.M.Sasindran, the learned standing counsel who appeared

for the 5th respondent.

4. In view of the submissions, this writ petition is closed,

reserving the right of the petitioners to raise their objections when

called upon to do so, at the stage of Section 15 of Act 30 of 2013. All

legitimate legal contentions raised by the petitioners in this petition are

left open.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE DSV

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DOCUMENT NO.3271/2014 DATED 16.09.2014.

EXHIBIT P2 TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DATED 25.01.2011.

EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT IN WPC NO.34150/2009 DATED 03.03.2010.

EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 08.04.2013.

EXHIBIT P5 TRUE COPY OF THE ROUGH SKETCH SHOWING THE NATURE AND LIE OF THE ROAD LEADING TO CYBER PARK AND THE PROPERTY OF THE PETITIONERS. EXHIBIT P6 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT DATED 29.11.2014. EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE TOWN PLANNING OFFICER, KOZHIKODE CORPORATION DATED 03.03.2015.

EXHIBIT P8 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 06.07.2016.

EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT PUBLISHED IN MATHRUBHOOMI DAILY DATED 06.10.2020.

EXHIBIT P11 TRUE COPY OF THE REPORT OF THE EXPERT COMMITTEE.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R4(a) TRUE COPY OF G.O.(MS) NO.12/2011/ITD DATED 01/03/2011 ISSUED BY THE GOVERNMENT OF KERALA, INFORMATION TECHNOLOGY (A) DEPARTMENT.

EXHIBIT R4(b) TRUE COPY OF THE G.O.(P) NO.376/2016/RD DATED 29/06/2016 ISSUED BY THE GOVERNMENT OF KERALA, REVENUE (B) DEPARTMENT.

/TRUE COPY/ P.A. TO JUDGE