Kerala High Court
K.Velappan Pillai vs The State Of Kerala on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 3061 OF 2010
AGAINST THE ORDER/JUDGMENT IN LAR 149/2001 OF ADDITIONAL SUB
COURT,KOLLAM, KOLLAM
PETITIONER/S:
1 K.VELAPPAN PILLAI
'SAROJ', THEVALLY, KOLLAM-691009.
*ADDL.P2 V.JAYAKUMAR
AGED 56 YEARS, S/O.LATE K.VELAPPAN PILLAI, SAROJ, THEVALLY,
KOLLAM DISTRICT.
*ADDL.P3 USHA KRISHNAN
AGED 51 YEARS, W/O.DR.NAGESH KRISHNAN, SAROJ, THEVALLY,
KOLLAM DISTRICT.
(ADDL.PETITIONERS 2 AND 3 ARE IMPLEADED AS PER ORDER DATED
9.7.12 IN IA 9020/12)
BY ADVS.
SRI.P.B.KRISHNAN
SRI.P.KRISHNA KUMAR ALAPPUZHA
SRI.R.SURAJ KUMAR
SRI.SUNIL J.CHAKKALACKAL
RESPONDENT/S:
1 THE STATE OF KERALA
THE DISTRICT COLLECTOR, KOLLAM.
2 MS. KERALA MINERALS AND LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR,, SANKARAMANGALAM,
CHAVARA, KOLLAM.
3 Y.ABDUL AZEEZ ADVOCATE RESIDING AT
'SAMSAM' THEVALLY.P.O.,KOLLAM-691009.
4 SINDHU DO. THANKACHI RESIDING AT
KATTIL VEEDU, PANMANA, KOLLAM.
BY ADVS.
GOVERNMENT PLEADER
SRI.K.ANAND A.201
SMT.LATHA KRISHNAN
OTHER PRESENT:
SRI.T.B.HOOD, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2021, ALONG WITH WP(C).3062/2010, THE COURT ON 23.9.2021 DELIVERED
THE FOLLOWING:
W.P.(C).Nos.3061 &
3062 of 2010 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 3062 OF 2010
AGAINST THE ORDER/JUDGMENT IN LAR 47/2010 OF ADDITIONAL SUB
COURT,KOLLAM, KOLLAM
PETITIONER/S:
1 K.VELAPPAN PILLAI
THEVALLY, KOLLAM-691 009.
ADDL.P2 *V.JAYAKUMAR
AGED 56 YEARS, S/O.LATE K.VELAPPAN PILLAI, SAROJ,
THEVALLY, KOLLAM DISTRICT.
ADDL.P3 *USHA KRISHNAN
AGED 51 YEARS, W/O.DR.NAGESH KRISHNAN, SAROJ, THEVALLY,
KOLLAM DISTRICT.
(ADDL.PETITIONERS 2 AND 3 ARE IMPLEADED AS PERORDER DATED
9.7.12 INIA 8975/12)
BY ADVS.
SRI.P.B.KRISHNAN
SRI.P.KRISHNA KUMAR ALAPPUZHA
SRI.R.SURAJ KUMAR
SRI.SUNIL J.CHAKKALACKAL
RESPONDENT/S:
1 THE STATE OF KERALA
DISTRICT COLLECTOR, KOLLAM.
2 MS.KERALA MINERALS AND METALS LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR,, SANKARAMANGALAM,
CHAVARA, KOLLAM.
3 Y.ABDUL AZEEZ ADVOCATE RESIDING AT
'SAMSAM' THEVALLY PO, KOLLAM-691 009.
4 PANCHAMAN RESIDING AT CHALLITHARAYIL
PANMANA, KOLLAM.
5 SARASAN RESIDING AT CHALLITHARAYIL
PANMANA, KOLLAM.
BY ADVS.
SRI.K.ANAND A.201
SRI.B.S.KRISHNAN SR.
SMT.LATHA KRISHNAN
SRI.T.B.HOOD, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2021, ALONG WITH WP(C).3061/2010, THE COURT ON 23.9.2021
DELIVERED THE FOLLOWING:
W.P.(C).Nos.3061 &
3062 of 2010 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) Nos.3061 of 2010
& 3062 of 2010
-------------------------------------------------
Dated this the 23rd day of September, 2021
JUDGMENT
These two writ petitions are connected and was filed
by the same person. Therefore, I am disposing of these
two writ petitions by a common judgment.
2. The deceased 1st petitioner was a lawyer
practising at Kollam Bar. According to him, he was
engaged by the 2nd respondent - Company in several Land
Acquisition Reference cases. Ext.P1 produced in these
two cases are two decrees in which the deceased 1 st
petitioner was engaged and the same is the award passed
by the reference court. The second respondent-Company
challenged Ext.P1 in both these cases by filing an appeal
and this Court as per Ext.P2 order in both these cases,
passed a conditional stay order. The 3 rd respondent is
W.P.(C).Nos.3061 &
another lawyer, who was appointed as Special
Government Pleader from 8.11.2002. The third
respondent represented the 1st respondent-State in
certain Land Acquisition Reference cases and the 3 rd
respondent filed a review petition in both the above
cases. Ext.P3 produced in these writ petitions are the
review petitions. The application for review was
accompanied by an application to condone the delay.
Ext.P4 in these writ petitions are the applications to
condone the delay. Exts.P5 and P6 are the objections filed
by the deceased 1st petitioner. The court below by a
common judgment, which is produced as Ext.P7 in both
these cases allowed the IAs and reviewed the decrees in
which KMML is the 2nd respondent and the office is
directed to correct the advocate fee of the 2 nd respondent,
in accordance to law. The office is also directed to recall
all the decrees, in which KMML is the 2 nd respondent and
make correction, with respect to the advocate fee of the
2nd respondent. Ext.P8 is the consequential departmental
W.P.(C).Nos.3061 &
notice issued by the Sheristadar produced in these two
writ petitions. Aggrieved by the same, these writ petitions
are filed.
3. It will be enough if the prayers in one of the
writ petition are extracted. The prayers in W.P.(C.) No.
3061/2010 are extracted hereunder :
"(i) call for the records leading to the passing of
Ext.P7 order in I.A. Nos.3083/2009 and 3089/2009 in
L.A.R. No.149/2001 by the court below and set aside
the same;
(ii) call for the records leading to the issue of Ext.P8
departmental notice and quash the same by the issue
of a writ of certiorari or other appropriate writ, order
or direction;
(iii) issue a writ in the nature of mandamus directing
the court below to forbear from correcting all the
decrees in similar land acquisition reference cases
pursuant to Ext.P8 notice;
(iv) dismiss I.A. Nos.3083/2009 and 3089/2009 in
L.A.R. No.149/2001 on the file of the Court of the
Additional Subordinate Judge of Kollam and restore
Ext.P1 decree as regards costs;
(v) declare that the petitioner is entitled to
advocate's fee on the difference of the amount
claimed and awarded in the land acquisition reference
cases as per Rule 6(2) of the Rules regarding fee
W.P.(C).Nos.3061 &
payable to advocates; and
(vi) issue such other writ, order or direction as this
honourable court deems fit and proper in the
circumstances of the case."
4. Heard the learned counsel for the petitioners
and the learned Government Pleader. I also heard the
learned counsel for the 3rd respondent.
5. Admittedly, a similar case filed by the deceased
1st petitioner was dismissed by this Court as per judgment
dated 15.12.2017. It will be better to extract the
judgment dated 15.12.2017.
"The petitioner is an Advocate. He appeared in a
land acquisition case on behalf of the 2nd respondent.
His engagement was based on a special fee fixed by the
2nd respondent with the petitioner. In land acquisition
proceedings, the petitioner's and his junior fee was
calculated in accordance with the relevant provisions of
law. A review was filed by special Government Pleader
appointed to represent the State stating that since the
petitioner was engaged as a special counsel on behalf
of the 2nd respondent with a fixed fee of Rs.3,000/-, the
higher amount awarded in the land acquisition
proceedings was incorrect. The review was allowed.
The court below noted the engagement of the
W.P.(C).Nos.3061 &
petitioner and found that the petitioner was engaged
for Rs.3,000/-. In that view of the matter, the court
reviewed the order stating that the petitioner was
entitled only for actual amount based on the
engagement by the 2nd respondent. In the said
circumstance, I do not find any scope for reviewing the
order passed. Accordingly, the writ petition is
dismissed. No order as to costs."
6. There is absolutely no reason to take a different
view in these two cases also, in the light of the above
judgment. I perused the impugned orders in these writ
petitions. The court below perfectly justified in passing
such orders in the facts and circumstances of these cases.
Hence, the writ petitions fails.
Therefore, these writ petitions are dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
W.P.(C).Nos.3061 &
APPENDIX OF W.P.(C.) NO.3061 OF 2010
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE DECREE IN LAR NO.149/2001 ON THE FILE OF
THE COURT OF THE ADDITIONAL SUB JUDGE, KOLLAM DATED 18.12.2008
EXT.P2 TRUE COPY OF THE INTERIM ORDER OF STAY IN LAA NO
1294/2009 ON THE FILE OF THIS HONOURABLE COURT DATED 3.11.09
EXT.P3 TRUE COPY OF IA NO. 3083/2009 IN LAR NO. 149/01 ON THE
FILE OF THE ADDITIONAL SUB COURT, KOLLAM DATED 8.9.09
EXT.P4 TRUE COPY OF THE IA NO.3089/2009 IN LAR NO. 149/01 ON THE
FILE OF THE ADDITIONAL SUB COURT, KOLLAM DATED 8.9.09
EXT.P5 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO IA
NO. 3083/2009 IN LAR NO. 149/2001 DATED 30.10.09.
EXT.P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO IA
NO. 3089/2009 IN LAR NO. 149/2001 DATED 30.10.09
EXT.P7 TRUE COPY OF THE COMMON ORDER IN IA NOS. 3083/2009 AND
3089/2009 IN LAR NO. 149/2001 ON THE FILE OF THE COURT OF THE
ADDITIONAL SUB JUDGE, KOLLAM DATED 17.12.09
EXT.P8 TRUE COPY OF THE DEPARTMENTAL NOTICE ISSUED BY THE
SHERISTADAR DATED 17.12.09
RESPONDENT'S EXHIBITS : NIL
W.P.(C).Nos.3061 &
APPENDIX OF W.P.(C.) NO.3062 OF 2010
EXT.P1 TRUE COPY OF THE DECREE IN LAR NO.47/2001 ON THE FILE OF
THE COURT OF THE ADDITIONAL SUB JUDGE, KOLLAM DATED 28.11.2008
EXT.P2 TRUE COPY OF THE INTERIM ORDER OF STAY IN LAA NO
1465/2009 ON THE FILE OF THIS HONOURABLE COURT DATED 26.2.09
EXT.P3 TRUE COPY OF IA NO. 3082/2009 IN LAR NO. 47/2001 ON THE
FILE OF THE ADDITIONAL SUB COURT, KOLLAM DATED 8.9.09
EXT.P4 TRUE COPY OF THE IA NO.3081/2009 IN LAR NO. 47/01 ON THE
FILE OF THE ADDITIONAL SUB COURT, KOLLAM DATED 8.9.09
EXT.P5 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO IA
NO. 3082/2009 IN LAR NO. 47/2001 DATED 30.10.09.
EXT.P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO IA
NO. 3081/2009 IN LAR NO. 47/2001 DATED 30.10.09
EXT.P7 TRUE COPY OF THE COMMON ORDER IN IA NOS. 3081/2009 AND
3082/2009 IN LAR NO. 47/2001 ON THE FILE OF THE COURT OF THE
ADDITIONAL SUB JUDGE, KOLLAM DATED 17.12.09
EXT.P8 TRUE COPY OF THE DEPARTMENTAL NOTICE ISSUED BY THE
SHERISTADAR DATED 17.12.09
RESPONDENT'S EXHIBITS : NIL
