N.P.Sunny vs Shyla Joy
2021 Latest Caselaw 3316 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      WP(C).No.18288 OF 2020(I)


PETITIONER:

               N.P.SUNNY
               AGED 75 YEARS
               S/O.LATE LONAN, MANAYATHUPARAMBU HOUSE,
               PALARIVATTOM, EDAPPALLY SOUTH, ERNAKULAM.

               BY ADV. SRI.GIGIMON ISSAC

RESPONDENTS:

      1        SHYLA JOY,
               W/O.LATE N.J.JOY, KALAVATH HOUSE, NEDIYATHARA,
               PALARIVATTOM, EDAPPALLY SOUTH, ERNAKULAM-682024.

      2        KIRAN,
               S/O.LATE N.J.JOY, KALAVATH HOUSE, NEDIYATHARA,
               PALARIVATTOM, EDAPPALLY SOUTH, ERNAKULAM-682024.

      3        CRISTEENA,
               D/O.LATE N.J.JOY, KALAVATH HOUSE, NEDIYATHARA,
               PALARIVATTOM, EDAPPALLY SOUTH, ERNAKULAM-682024.

      4        THE MANAGING DIRECTOR,
               30/01/2019, KOCHI METRO RAIL PROJECT, REVENUE TOWER,
               8TH FLOOR, ERNAKULAM-682011.

      5        THE TAHASILDAR,
               LAND ACQUISITION, PALARIVATTOM-KAKKANAD METRO RAIL
               PROJECT, KAKKANAD-682025.

               DELETED AND SUBSTITUTED

               R5. SPECIAL TAHASILDAR, KOCHI METRO RAIL PROJECT,
               L.A.NO.1, COLLECTORATE, MINI CIVIL STATION,
               KAKKANAD-682 021.

               IS SUBSTITUTED AS PER ORDER DATED 09-11-2020 IN IA
               1/2020 IN WP(C)

               R1-3 BY ADV. SRI.P.B.KRISHNAN
               R1-3 BY ADV. SRI.P.B.SUBRAMANYAN
               R1-3 BY ADV. SRI.SABU GEORGE
 WP(C).No.18288 OF 2020       2



             R1-3 BY ADV. SMT.B.ANUSREE
             R1-3 BY ADV. SRI.MANU VYASAN PETER
             R1-3 BY ADV. SMT.MEERA P.
             R1-3 BY ADV. SRI.M.K.SREEGESH
             R4 BY ADV. SRI.K.JAJU BABU (SR.)
             R4 BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL
             LTD.
             R5 SMT MABLE C KURIAN, GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.18288 OF 2020                  3




                                   JUDGMENT

The petitioner states that he has right over property having an

extent of 10 cents comprised in Sy No.133/7/1 of Edappally south village,

which property is likely to be acquired for the Kochi Metro rail project.

According to him, in respect of the above item of property C.R.P(LR)

No.100 of 2015 is pending before this Court wherein the petitioner herein

and the additional 5th respondent are the contesting parties. According to

the petitioner, the respondents 4 and 5 are initiating steps to acquire the

said property without notice to the petitioner. In the said circumstances,

he has issued Ext.P4 notice asserting his right to be informed about the

process. He contends that the proceedings pending before this Court is

likely to be decided in his favour. It is in the above background that the

petitioner is before this Court seeking a direction to the respondents 4 and

5 to intimate the proceedings in connection with the acquisition for metro

rail of property having an extent of 10 cents in Sy No.133/7/1 of Edappally

south village till a final decision is taken in the Civil Revision petition.

2. The 4th respondent has filed a counter affidavit denying the

contentions. It is contended that the respondent has not even submitted

the requisition for acquisition before the competent authority. It is

contended that the petitioner will be justified in raising his claims before

the Land Acquisition Officer after the commencement of the acquisition

proceedings and at that stage he can very well have recourse to the

provisions of Act 30 of 2013.

3. The 5th respondent has filed a counter asserting that the 10

cents of land in Sy No.133/7/1 of Edappally south village is not included in

the draft declaration No.C12-1047/2016 dated 09.06.2020 published in

relation to the widening of Palarivattom-Kakkanad road in connection with

Kochi Metro rail project. It is contended that the writ petition is premature.

4. The respondents 1 to 3 have filed a counter asserting that the

petitioner has no right in 8 cents of land in Sy No.133/7/1 of Edappally

south village and he is in illegal occupation.

5. I have considered the submissions advanced. The only

grievance of the petitioner is that acquisition proceedings have been

initiated in respect of an item of property which is the subject matter of a

litigation between the petitioner herein and respondents 1 to 3. The

official respondents have asserted that the property which is made

mention of in the writ petition is not the subject matter of any acquisition

proceedings. In that view of the matter, the writ petition appears to be

premature. At the same time, it cannot be ignored that C.R.P.(LR) No.100

of 2015 filed by the husband of the 1st respondent is pending before this

Court challenging the order passed by the appellate forum.

In that view of the matter, if the property owned by the petitioner

and falling in Sy No.133/7/1 of Edappally south village is intended to be

acquired for the purpose of Kochi Metro by invoking the provisions of Act

30 of 2013, the petitioner shall also be heard in addition to the party

respondents and appropriate decision shall be taken as per procedure and

in accordance with law.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE ps

APPENDIX PETITIONER'S/S EXHIBITS:

 EXHIBIT P1          TRUE COPY OF ORDER PASSED IN
                     O.A.NO.129/05 DATED 12.7.2011.

 EXHIBIT P2          TRUE COPY OF THE ORDER IN APPEAL
                     NO.40/2011 DATED 10.11.2014.

 EXHIBIT P3          TRUE COPY OF C.R.P (LR) NO.100/2015
                     FILED ON 2.3.2015.

 EXHIBIT P4          TRUE COPY OF THE LETTER DATED 30.1.2019
                     ISSUED TO RESPONDENTS 4 & 5.

 RESPONDENTS' EXHIBITS:

                            NIL