Kerala High Court
Dr.Subair Mather vs State Of Kerala on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 10303 OF 2014
PETITIONER/S:
1 DR.SUBAIR MATHER
S/O.LATE K.C.IBRAHIMKUTTY MATHER,
41/631A, MATHERMANSION, CHITTOOR ROAD,
PIN - 682 035.
2 NOOR MOHAMMED MATHER
S/O.LATE K.C.IBRAHIMKUTTY MATHER, 41/631A,
MATHERMANSION, CHITTOOR ROAD, PIN - 682 035.
BY ADVS.
SRI.ALAN PAPALI
SRI.V.V.ASOKAN SR.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE (B)DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
2 DISTRICT COLLECTOR
ERNAKULAM - 682 030
3 SPECIAL TAHSILDAR LA GENERAL
KAKKANAD - 682 030
4 KALAMASSERY MUNICIPALITY
REPRESENTED BY SECRETARY,
KALAMASSERY - 683 104.
5 JABBAR P.A.
PADINJAKKARA HOUSE, CHANGAMPUZHA NAGAR P.O.
KALAMASSERY - 683 104.
6 SUBAIR P.A.
PADINJAKKARA HOUSE, CHANGAMPUZHA NAGAR P.O.
WP(C) NO. 10303 OF 2014
2
KALAMASSERY - 683 104.
7 SULAIMAN P.P.
PADINJAKKARA HOUSE, CHANGAMPUZHA NAGAR
P.O.KALAMASSERY - 683 104.
8 NAJATH NAGAR RESIDENTS ASSOCIATION
REPRESENTED BY ITS SECRETARY
SHRI.P.K.KAMARUDDEEN, SOUTH KALAMASSERY,
CHANGAMPUZHA NAGAR.P.O., KOCHI -682033.
BY ADVS.
SRI.P.K.ABOOBACKEREDAPPALLY
SRI.A.P.EBRAHIM
SMT. SHEEJA C.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10303 OF 2014
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 10303 OF 2014
===================
Dated this the 6th day of July 2021
JUDGMENT
The above writ petition is filed with following prayers;
"a). Call for the entire records of the case
leading to the issuance of Exts.P6, P7 and P8
notifications for acquisition of the petitioners' property-
2.5 cents comprised in Sy.No.498/8 of Thrikkakara
North Village, Kanayannur Taluk and quash the same
by means of an issue of writ of certiorari or other
appropriate writ or order;
b) Issue an appropriate writ or order
declaring that the impugned acquisition proceedings
(evidenced by P6, P7 and P8 notifications) are only an
exercise in futility and non est in the eye of law on
account of the advent of the new Act- Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
(c). Grant such other reliefs that this Hon'ble
court deem fit to grant under the facts and
circumstances of the case "
2. When this writ petition came up for consideration,
the learned counsel appearing for the 4 th respondent, who is
WP(C) NO. 10303 OF 2014
the requisition authority submitted that, the requisition
authority already informed the acquisition authority that,
they don't want the property and requested to drop the
acquisition proceedings, on the basis of the representation
submitted by the 5th respondent and others. It is also
submitted by, the learned counsel for the municipality that,
a decision is taken to drop the acquisition proceedings.
In the light of the above submissions, I think, the
prayers in the writ petition are infructuous. Recording the
submission of the learned counsel for the municipality, this
writ petition is closed.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 10303 OF 2014
APPENDIX OF WP(C) 10303/2014
PETITIONER ANNEXURE
EXT.P-1: TRUE COPY OF AN EYE SKETCH SHOWING THE LIE AND
LOCATION OF THE PETITIONER'S PROPERTY.
EXT.P-2: TRUE COPY OF THE ASSIGNMENT DEED NO.2292 OF
1997 EXECUTED IN FAVOUR OF KALAMASSERY
MUNICIPALITY
EXT.P-2(A): TRUE COPY OF THE ASSIGNMENT DEED NO.8305/2004
EXECUTED IN FAVOUR OF KALAMASSERY MUNICIPALITY
EXT.P-3: TRUE COPY OF THE LETTER FROM THE CHIEF
ENGINEER, ELECTRICAL CIRCLE, PERUMBAVOOR TO
THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION,
ALUVA.
EXT.P-3(A): TRUE COPY OF LETTER FROM THE ASSISTANT
EXECUTIVE CHIEF ENGINEER, ELECTRICAL MAJOR
SECTION, KALAMASSERY TO THE PETITIONER'S
BROTHERS
EXT.P-3(B): TRUE COPY OF LETTER FROM THE ASSISTANT
EXECUTIVE CHIEF ENGINEER, ELECTRICAL MAJOR
SECTION, KALAMASSERY TO THE PETITIONER'S
BROTHER
EXT.P-3(C): TRUE COPY OF THE DEMAND NOTICE FROM KSEB,
KALAMASSERY SECTION
EXT.P-3(D): TRUE COPY OF THE DEMAND NOTICE FROM KSEB,
KALAMASSERY SECTION
EXT.P-3(E): TRUE COPY OF THE RECEIPT ISSUED BY KSEB,
KALAMASSERY SECTION
EXT.P-4: TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT
COLLECTOR, ERNAKULAM.
WP(C) NO. 10303 OF 2014
EXT.P-4(A): TRUE COPY OF THE CHECK LIST DRAWN BY HIGH
LEVEL COMMITTEE
EXT.P-4(B): TRUE COPY OF THE CONFIRMATION LETTER ISSUED BY
KALAMASSERY MUNICIPALITY SUGGESTING
REQUISITION FOR ACQUISITION
EXT.P-4(C): TRUE COPY OF THE DECISION OF KALAMASSERY
MUNICIPALITY PROPOSING FOR REQUISITION FOR
ACQUISITION
EXT.P-4(D): TRUE COPY OF THE PROCEEDINGS OF THE PRINCIAPL
SECRETARY TO GOVERNMENT, AGRICULTURE
DEPARTMENT
EXT.P-4(E): TRUE COPY OF THE LETTER OF PRINCIPAL SECRETARY
(REVENUE) TO DISTRICT COLLECTOR, ERNAKULAM.
EXT.P-4(F): TRUE COPY OF THE REQUISITION FOR ACQUISITION
BY KALAMASSERY MUNICIPALITY
EXT.P-5: TRUE COPY OF THE ALLEGED REPRESENTATION
SUBMITTED BY THE LOCAL RESIDENTS TO THE
KALAMASSERY MUNICIPALITY.
EXT.P-5(A): TRUE COPY OF THE LETTER OF KALAMASSERY
MUNICIPALITY TO DISTRICT COLLECTOR, ERNAKULAM.
EXT.P-5(B): TRUE COPY OF THE LETTER BY SPECIAL TAHSILDAR
(LA), ERNAKULAM TO SECRETARY, KALAMASSERY
MUNICIPALITY
EXT.P-5(C): TRUE COPY OF THE FORM OF REQUISITION FOR
ACQUISITION CHECK LIST AND SKETCH FORWARDED BY
KALAMASSERY MUNICIPALITY TO THE DISTRICT
COLLECTOR, ERNAKULAM.
EXT.P-6: TRUE COPY OF THE NOTICE ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONERS
WP(C) NO. 10303 OF 2014
EXT.P-7: TRUE COPY OF SECTION 4(1) NOTIFICATION
PUBLISHED IN KERALA GAZETTE
EXT.P-8: TRUE COPY OF THE ERRATUM NOTIFICATION UNDER
SECTION 4(1) OF THE LAND ACQUISITION ACT, 1894
// True Copy //
PA to Judge
