Kerala High Court
Thomas @ Joby Joseph vs The Special Tahsildar (L.A.) on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 7468 OF 2020
PETITIONER:
THOMAS @ JOBY JOSEPH,
AGED 56 YEARS
S/O.JOSEPH, THEKKEPARAMBIL HOUSE, VALLIKKADU,
ETTUMANOOR P.O., KIZHAKKUMBHAGOM KARA, ETTUMANOOR
VILLAGE, KOTTAYAM TALUK.
BY ADVS.
LIJI.J.VADAKEDOM
SMT.REXY ELIZABETH THOMAS
SRI.RAJEEV JYOTHISH GEORGE
SRI.TOM E. JACOB
RESPONDENT:
THE SPECIAL TAHSILDAR (L.A.)GENERAL KOTTAYAM,
OFFICE OF THE SPECIAL TAHSILDAR (L.A.), CIVIL
STATION, THIRUNAKKARA, KOTTAYAM VILLAGE, KOTTAYAM
DISTRICT - 686 001.
SRI ASHWIN SETHUMADHAVAN - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 7468 OF 2020 2
JUDGMENT
The singular complaint of the petitioner against
Exts.P3 and P3(a) Awards issued by the respondent -
Special Tahsildar (LA), is that they have been
settled without offering him an opportunity of being
heard. He says that this is contrary to the
declarations of law by this Court in Sajan P.M. v.
State of Kerala and Others [2018 (3) KHC 563]. The
petitioner, therefore, prays that Exts.P3 and P3(a)
be set aside and the Special Tahsildar (LA) be
directed to reconsider the matter, after affording
him an opportunity of being heard.
2. The learned Senior Government Pleader,
Shri.Aswin Sethumadhavan, submitted that if Exts.P3
and P3(a) have been issued without hearing the
petitioner, then he will not stand in the way of the
matter being remitted to the special Tahsildar for a
fresh consideration. He, however, added that he has
no specific instruction as to whether the petitioner
had been heard when the said Awards were issued.
3. I have examined Exts.P3 and P3(a), but cannot
find any record therein with respect to a hearing
having been afforded to the petitioner. I,
therefore, find no reason to disbelieve the afore
statements of the petitioner.
In the afore circumstances and following the
ratio in Sajan P.M.(Supra), I allow this writ
petition and set aside Exts.P3 and P3(a) Awards;
with a consequential direction to the respondent -
Special Tahsildar(LA), to reconsider the matter,
after affording an opportunity of being heard to the
petitioner, thus culminating in fresh Awards, as
expeditiously as is possible, but not later than
three months from the date of receipt of a copy of
this judgment.
Needless to say, in view of the fact that I have
set aide Exts.P3 and P3(a) Awards, the resultant
proceedings, namely Exts.P4 and P4(a), will also
stand set aside.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/1.10
APPENDIX OF WP(C) 7468/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE COPY OF THE AWARD NO.3/13-14(36NLA)
DATED 30/8/2014 PASSED BY THE RESPONDENT.
EXHIBIT P1(A) THE COPY OF THE AWARD NO.1/13-14(57NLA)
DATED 30/8/2014 PASSED BY THE RESPONDENT.
EXHIBIT P1(B) THE COPY OF THE AWARD NO.213-14 (58NLA)
DATED 30/8/2014 PASSED BY THE RESPONDENT.
EXHIBIT P2 THE COPY OF THE JUDGMENT DATED 23/2/2015
IN WP(C) NO.3228/2015 BEFORE THE
HONOURABLE HIGH COURT OF KERALA.
EXHIBIT P2(A) THE COPY OF JUDGMENT DATED 11/6/2015 IN
W.A.NO.986/2015 IN WP(C) NO.3228/2015
BEFORE THE HONOURABLE HIGH COURT OF
KERALA.
EXHIBIT P3 THE COPY OF THE AWARD NO.3/17-18/36(NLA)
DATED 24/10/2017 PASSED BY THE LAND
ACQUISITION OFFICER (RESPONDENT HEREIN)
(OBTAINED UNDER THE RIGHT TO INFORMATION
ACT).
EXHIBIT P3(A) THE COPY OF THE AWARD NO.3/17-18/57(NLA)
DATED 31/10/2017 PASSED BY THE LAND
ACQUISITION OFFICER (RESPONDENT HEREIN)
(OBTAINED UNDER THE RIGHT TO INFORMATION
ACT).
EXHIBIT P4 THE COPY OF THE REFERENCE APPLICATION
AGAINST AWARD NO.3/17-18/36(NLA) DATED
30/4/2019 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT HEREIN.
EXHIBIT P4(A) THE COPY OF THE REFERENCE APPLICATION
AGAINST AWARD NO.3/17-18/57(NLA) DATED
30/4/2019 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT HEREIN.
