Abdul Khader vs The District Collector
2021 Latest Caselaw 21268 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                       WP(C) NO. 21851 OF 2021
PETITIONERS:

    1     ABDUL KHADER, AGED 73 YEARS, S/O LATE ABU HAJI,
          CHEKKU MUSALIYARAKATH HOSUE, P.O OTTAPALAM,,
          PALAKKAD DISTRICT-679101.

    2     JAMEELA ABDUL KHADER, AGED 63 YEARS, W/O ABDUL KHADER,
          CHEKKU MUSLALIYARAKATH HOUSE, P.O.OTTAPALAM,
          PALAKKAD DISTRICT - 679101.

    3     SULFIKAR, AGED 48 YEARS, S/O ABDUL KHADER, CHEKKU
          MUSALIYARAKATH HOUSE, P.O.OTTAPALAM,
          PALAKKAD DISTRICT-679101.

    4     RAUFAL, AGED 38 YEARS, S/O ABDUL KHADER, CHEKKU
          MUSALIYARAKATH HOUSE, P.O.OTTAPALAM,
          PALAKKAD DISTRICT-679101.

          BY ADVS.P.JAYARAM
          GIGI PAPPACHAN


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, PALAKKAD.-678001.

    2     LAND ACQUISITION (G) NO.II,
          SPECIAL TAHSILDAR, CIVIL STATION, PALAKKAD-678001.

    3     SUB REGISTRR, SUB REGISTRAR OFFICE,
          P.O.OTTAPALAM-679101.

    4     STATE OF KERALA, REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

          BY ADV.SMT.K.AMMINIKKUTTY, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21851 OF 2021
                               -2-

                             JUDGMENT

The petitioners impugn Ext.P10 proceedings

issued by the 2nd respondent - Special Tahsildar,

refusing to issue No Objection Certificate (NOC)

to the 1st petitioner for the purpose of

registering their property, stating that it is

included in notification relating to properties

proposed for acquisition.

2. The petitioners say that, as is evident

from Ext.P12 notification, even though the survey

number with respect to their property has been

included therein, their names are not so included;

and, therefore, it is obvious that their property

will not be acquired. They say that, in any event

of the matter, since their property is at the far

end of the survey number, its acquisition is

unnecessary and impossible, even if the road in

question has to be widened.

WP(C) NO. 21851 OF 2021

3. The petitioners, therefore, pray that

Ext.P10 be set aside and the 2nd respondent -

Special Tahsildar, be directed to immediately

issue to them an appropriate NOC, so as to enable

them to sell the property in question.

4. Smt.K.Amminikutty - learned Senior

Government Pleader, submitted that this writ

petition is not maintainable because, when the

petitioners had earlier approached this Court

through W.P.(C)No.19313 of 2021, this Court had

directed them - through Ext.P11 judgment, to

appear before the Tahsildar and seek an NOC as per

law. She submitted that the hearing based on the

afore judgment is now scheduled on 06.11.2021; and

thus prayed that petitioners be directed to

participate in the said proceedings.

5. Even when I hear the learned Senior

Government Pleader as afore, there is a difference

in the case of the petitioners in this writ WP(C) NO. 21851 OF 2021

petition from what was impelled before this Court

in the writ petition covered by Ext.P11 judgment.

6. In this case, the petitioners say that

their names are not included in Ext.P12

notification and, therefore, that their property

is not selected for acquisition. If this be so,

then certainly, this is a matter that the Special

Tahsildar ought to have considered, before Ext.P10

order could have been issued.

In the afore circumstances, I order this Writ

petition and set aside Ext.P10 order; with a

consequential direction to the petitioners to mark

appearance before the 2nd respondent - Special

Tahsildar, at 11 A.M. on 06.11.2021; on which day,

said Authority will hear them or fix another

suitable date for such purpose and advert to their

specific contentions, thus deciding whether an NOC

can be issued to the 1st petitioner, or if it is

unnecessary - because either his property is WP(C) NO. 21851 OF 2021

covered by Ext.P12 or otherwise.

Since the petitioners say that the last date

for registration of Ext.P1 Sale Deed is fast

approaching, I direct the 2nd respondent - Special

Tahsildar, to issue appropriate orders and

complete necessary action within a period of ten

days from 06.11.2021.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 21851 OF 2021

APPENDIX OF WP(C) 21851/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 216.08.2021 EXECUTED BY THE PETITIONERS AND THE ASSIGNEE, DR.RAJESH, WITH RESPECT TO PETITIONER'S PROPERTY BEARING SURVEY NO.47/57 WITH EXTENT 5.34 ARES SITUATED IN OTTAPALAM-II VILLAGE.

EXHIBIT P2 TRUE COPY OF THE PAY IN SLIP DATED 25/08/2021 SHOWING THE PAYMENT OF THE VALUE OF NON-JUDICIAL STAMP PAPERS AND FEE FOR REGISTERING DOCUMENTS, RS.3,11,600/- AT SUB-TREASURY, OTTAPALAM.

EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT/RECEIPT FOR ONLINE TOKEN REGISTRATION ISSUED FOR REGISTRATION OF EXHIBIT P1 SALE DEED, TOKEN NO. T 5195702, SPECIFYING THE DATE AND TIME OF REGISTRATION TO BE ON 27/08/2021 AT 11.29 AM.

EXHIBIT P4 TRUE COPY OF THE THANDPER ACCOUNT PERTAINING TO PETITIONER'S PROPERTY BEARING SURVEY NO.47/57 WITH EXTENT 5.34 ARES SITUATED IN OTTAPALAM-II VILLAGE.

EXHIBIT P5 TRUE COPY OF THE LAND TAX RECEIPT DATED 05.08.2021 ISSUED WITH RESPECT TO PETITIONER'S LAND FROM VILLAGE OFFICE, OTTAPALAM-II.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 01.09.2021 SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR, PALAKKAD SEEKING NO.OBJECTION CERTIFICATE FOR REGISTERING EXHIBIT P1. SALE DEED.

EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 01.09.2021 ISSUED FROM THE OFFICE OF DISTRICT COLLECTOR, PALAKKAD ACKNOWLEDGING THE RECEIPT OF EXHIBIT P6 REPRESENTATION. WP(C) NO. 21851 OF 2021

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 01.09.2021 SUBMITTED BY THE PETITIONERS BEFORE THE OA (G) NO.II, SPECIAL TAHSILDAR, PALAKKAD SEEKING NO OBJECTION CERTIFICATION FOR REGISTERING EXHIBIT P1 SALE DEED.

EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 01.09.2021 ISSUED FROM THE OFFICE OF DISTRICT COLLECTOR, PALAKKAD ACKNOWLEDGING THE RECEIPT OF EXHIBIT P8 REPRESENTATION.

EXHIBIT P10 TRUE COPY OF THE ORDER DARTED 24.09.2021 ISSUED BY THE LAND ACQUISITION G NO.II SPECIAL TAHSILDAR REFUSING NO OBJECTION CERTIFICATE TO THE 1ST PETITIONER AND THE ASSIGNEE.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 28/09/2021 IN WPC NO. 19313 OF 2021, HIGH COURT OF KERALA.

EXHIBIT P12 TRUE COPY OF THE KERALA GAZETTE DATED 18.02.2021 PUBLISHED WITH RESPECT TO THE ACQUISITION OF LAND FOR OTTAPALAM BYPASS ROAD.

EXHIBIT P13 TRUE COPY OF THE ASSIGNMENT DEED NO.299 OF 2018, S.R.O, OTTAPALAM WITH RESPECT TO THE LAND LYING IN BETWEEN THE OTTAPALAM BYPASS ROAD AND PETITIONER'S LAND.

EXHIBIT P14 TRUE COPY OF THE BAN ON REGISTRATION OF PROPERTIES BEARING DIFFERENT SURVEY NUMBERS EXHIBITED AT THE OFFICE OF SUB REGISTRAR, OTTAPALAM IN VIEW OF THE ACQUISITION FOR THE PURPOSE OF OTTAPALAM BYPASS ROAD.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE