Kerala High Court
R. Parameswaran Pillai vs The Special Deputy Collector La ... on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
WP(C) NO. 32785 OF 2022
PETITIONER:
R.PARAMESWARAN PILLAI
AGED 67 YEARS
S/O RAGHAVAN PILLAI,
MELKULANGARA VEEDU, THRIPADAPURAM,
KULATHOOR P.O.,
THIRUVANANTHAPURAM, PIN - 695132
BY ADV J.G.SYAMNATH
RESPONDENT:
THE SPECIAL DEPUTY COLLECTOR LA (NH) & COMPETENT
AUTHORITY
NH 66 KAZHAKUTTOM ELEVATED HIGHWAY
LAND ACQUISITION,
COLLECTORATE, CIVIL STATION,
KUDAPPANAKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695043
SMT. C. S. SHEEJA, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32785 OF 2022 2
T.R. RAVI, J.
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W.P.(C).No.32785 of 2022
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Dated this the 21st day of December, 2022
JUDGMENT
Admit. Government Pleader takes notice for respondent.
The prayer in the writ petition is for a direction to the
respondent to release the compensation amounts due to the
petitioner as part of the land acquisition proceedings initiated against
his property. The contention of the petitioner is that the partition
deed No.2065 of the year 1090 M.E. registered before the
Kazhakootam Sub Registrar Office, by which the petitioner is claiming
ownership and possession of the property was irretrievably lost and
certified copy of the document was also not issued by the Sub
Registrar as the original of the same has deteriorated. The petitioner
has taken out paper publication regarding the fact that the document
has been irretrievably lost.
In the above circumstances, the writ petition is disposed of
directing the respondent to consider the claim of the petitioner based
on the document registered as 2065 in the year 1090 M.E., by relying
on the complementing documents like the tax receipts, possession
certificates, the extract from the Basic Tax Register etc. in the
absence of the title deed and the copy of the paper publication
effected by the petitioner regarding the loss of the document.
Necessary action shall be taken within six weeks from the date of
receipt of a copy of this judgment. The copy of the paper publication
shall also be made available by the petitioner to the respondent. The
respondent may take an undertaking from the petitioner to the effect
that if there are rival claimants, the petitioner will be bound to return
such portion of the amounts required to meet the rival claim.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF WP(C) 32785/2022
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE LAND TAX PAID RECEIPT
OF THE PROPERTY DATED 21-05-2020 ISSUED
TO THE PETITIONER
Exhibit-P2 A TRUE COPY OF THE POSSESSION CERTIFICATE
OF THE PROPERTY DATED 25-09-2020 ISSUED
TO THE PETITIONER
Exhibit-P3 A TRUE COPY OF THE BASIC TAX REGISTER OF
THE PROPERTY ISSUED TO THE PETITIONER
Exhibit-P4 A TRUE COPY OF THE LETTER ISSUED BY THE
KAZHAKOOTAM SUB-REGISTRAR DATED
21-02-2018
Exhibit-P5 A TRUE COPY OF THE NOTICE OF THE AWARD
DATED 18-05-2020
Exhibit-P6 A TRUE COPY OF THE EVICTION MAHAZAR DATED
21-05-2020
Exhibit-P7 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
21-10-2020
