Kerala High Court
Rajan O.P vs The State Of Kerala on 22 July, 2021
WP(C) NO. 13411 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 13411 OF 2021
PETITIONER/S:
1 RAJAN O.P,
AGED 64 YEARS,
S/O.PAPPU, OORADIKAL HOUSE, KAKKAD, THIRUVANIYOOR
VILLAGE, MAMALA P.O., ERNAKULAM, PIN 682 305.
2 P.V.JOSE,
AGED 69 YEARS,
S/O.VARKEY, PARIYATH HOUSE, KAKKAD, THIRUVANIYOOR
VILLAGE, MAMALA P.O., ERNAKULAM, PIN 682 305.
3 VIJAYAKUMARI V.P.,
AGED 66 YEARS,
D/O.V.V.PULLAN, TYPE 3 10, CIFT RESIDENTIAL COMPLEX,
VELUTHAYITHARA, PERUMANOOR, PERUMANOOR P.O.,
ERNAKULAM, PIN 682 015.
4 OMANAKUTTAN NAIR G., AGED 58,
S/O.GOPINATHAN NAIR, 4/5 CIFT RESIDENTIAL COMPLEX,
PERUMANOOR P.O., PERUMANUR, ERNAKULAM, PIN 682 015.
5 SHAJI P.U.,
AGED 51, S/O.UNTAN, MAYOORAM, MANKAYIL SCHOOL ROAD,
NEAR SNDP TEMPLE, MARADU P.O., ERNAKULAM, PIN 682
304.
6 SURESH P. NAYAR,
AGED 51, S/O.PADMANABHAN, 605 B, AMBADI HOUSE,
KANNADIKADAVU, MARADU, ERNAKULAM, PIN 682 304.
7 SUKUMARAN T.N.,
AGED 51, S/O.NARAYANAN, TYPE III/I, CIFT RESIDENTIAL
COMPLEX, CHAKKALACKAL ROAD, PERUMANOOR P.O.,
ERNAKULAM, PIN 682 015.
8 M.ASOKAN,
AGED 69 YEARS,
S/O.S. MADHAVAN, SREEKOVIL, MAMALA P.O.,
MURIAMANAGALAM, THIRUVANIYOOR VILLAGE,
PUTHENKURISSU, , PIN 682 305.
WP(C) NO. 13411 OF 2021 2
9 P.R.ASOKAN,
AGED 58,
S/O.RAMAN, MADATHIPARAMBIL, MURIAMANAGALAM,
THIRUVANIYOOR VILLAGE, PUTHENKURISSU, MAMALA P.O.,
ERNAKULAM, PIN 682 305.
10 P.V.BABY,
AGED 80,
S/O.VARKEY, PARIYATH VEEDU, KAKKAD, MAMALA P.O.,
THIRUVANIYOOR VILLAGE, PUTHENKURISSU, ERNAKULAM,
PIN 682 305.
11 ANNAMMA BABY,
AGED 77,
D/O.VARKEY, PARIYATH VEEDU, KAKKAD, MAMALA P.O.,
THIRUVANIYOOR VILLAGE, PUTHENKURISSU, ERNAKULAM,
PIN 682 305.
12 GIJU P. GEORGE,
AGED 48,
S/O.P.V.BABY, PARIYATH HOUSE, MAMALA P.O.,
THIRUVANIYOOR VILLAGE, PUTHENKURISSU, ERNAKULAM,
PIN 682 305.
13 SARALA RAVEENDRAN,
AGED 62,
D/O.KOMADATH SREEDHARAN PILLAI, SARITH,
THEKKUMBHAGAM, THRIPUNITHURA, ERNAKULAM,
PIN 682 301.
14 A.MAYA,
AGED 54,
D/O.K.SIVARAMAN NAIR, W/O.KRISHNAKUMAR K.N.,
'NARAYANEEYAM', ELUMANA TEMPLE ROAD, EROOR SOUTH
P.O., THRIPUNITHURA, ERNAKULAM 682 306.
15 JAYAN K.V.,
AGED 55,
S/O.VARGHESE, KANNETH HOUSE, THRIPUNITHURA P.O.,
ERNAKULAM, PIN 682 301.
BY ADV P.K.IBRAHIM
RESPONDENT/S:
1 THE STATE OF KERALA,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
WP(C) NO. 13411 OF 2021 3
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN 682030.
3 BHARAT PETROLEUM CORPORATION LIMITED
AMBALAMUGAL, ERNAKULAM, PIN 682 302, REP. BY ITS
CHIEF EXECUTIVE DIRECTOR.
4 THE SPECIAL TAHSILDAR (LA),
KOCHI REFINERIES LTD., TRIPUNITHURA -682 301.
SMT K AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13411 OF 2021 4
JUDGMENT
The petitioners have approached this Court seeking a direction to the
1st respondent to consider Ext.P6 representation submitted before the said
authority seeking inter alia to pass orders extending the period for passing
the award in respect of the land notified under the provisions of Act 30 of
2013 as per Ext.P1 and for a further direction to the respondents 2 and 4 to
pass award in respect of 13 acres of land belonging to the petitioners and
forming part of Ext.P1.
2. Sri.P.K.Ibrahim, the learned counsel for the petitioners
submitted that some of the petitioners had earlier approached this Court
seeking directions to the Government and this Court by Ext.P3 judgment
had disposed of the writ petition directing the Secretary, Department of
Revenue to consider the representation and take a decision. It is
contended that the 1st respondent failed to consider the representation as
directed by this Court. Meanwhile, the 3rd respondent completed the
reclamation of paddy land and proceeded to establish a Propylene
Derivatives PetroChemical Unit in the reclaimed land and the same was put
in operation in the year 2021. It is submitted that raising various
grievances and the sufferings of the petitioners and other residents of the
locality, Ext.P6 and P7 representations were submitted before respondents
1 and 2. Placing reliance of Ext.P8 it is submitted that the 2nd respondent
has issued notice to some of the petitioners that their representation is
being considered and the response of the 3rd respondent have been
sought. The limited request of the petitioners is to direct the 1st respondent
to consider the same and take a decision in an expeditious manner.
3. The learned Government Pleader on instructions submitted that
Ext.P8 would reveal that the request is being considered. It is submitted
that there is no impediment in taking a decision on Ext.P6 within a period of
three months.
4. Sri.M.Gopikrishnan Nambiar, the learned counsel appearing for
the 3rd respondent submitted that seeking for the very same relief the
petitioners had approached this Court in the year 2016 and orders were
obtained. Instead of pursuing the said matter, the petitioners have
approached this Court yet again. It is submitted that there is no merit in
the contentions advanced by the petitioners.
5. I have considered the submissions advanced. Ext.P8 would
reveal that the representation is under active consideration of the
concerned respondents. Without expressing any opinion on the merits of
the assertions raised by the petitioners, necessary directions can be issued
to the 1st respondent to take a decision on Ext.P6 in strict adherence to the
provisions of law.
Resultantly, this writ petition will stand disposed of directing the 1st
respondent to take a decision on Ext.P6 with notice to the petitioners as
well as the 3rd respondent and affected parties if any, expeditiously, in any
event within a period of three months from the date of receipt of a copy of
this judgment. It is made clear that this Court has not expressed any
opinion on the merits or otherwise of the contentions advanced by the
petitioners and it is for the concerned respondent to take a decision strictly
in accordance with law.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 13411/2021
PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED
24.12.2013 ISSUED BY THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
17.9.2016.
Exhibit P3 TRUE COPY OF THE JUDGEMENT IN WPC
NO.33120/2016 DATED 27.10.2016.
Exhibit P4 TRUE COPY OF THE NEWS APPEARED IN THE
LOCAL DAILY.
Exhibit P5 TRUE COPY OF THE NEWS APPEARED IN THE
HINDU DAILY PUBLISHED ON 14.3.2021.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
19.4.2021 SUBMITTED BEFORE THE 1ST
RESPONDENT.
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
19.4.2021 SUBMITTED BEFORE THE 2ND
RESPONDENT.
Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED
18.5.2021 RECEIVED FROM THE 2ND
RESPONDENT.
RESPONDENT(S) EXHIBITS : NIL
