Kerala High Court
C.Assan Koya vs Dist.Collector on 3 January, 2022
W.P.(C.) No. 663 of 2012 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
WP(C) NO. 663 OF 2012
PETITIONER/S:
1 C.ASSAN KOYA
AGED 82 YEARS
S/O.KUNHAHAMED KOYA HAJI, C.N.HOUSE, KUTTICHIRA,
KOZHIKODE.
2 *SUPPLEMENTAL SECOND PETITIONER
M.KUNHAMMED KOYA
SON OF ALIKOAYA, RESIDING AT 5/1264, A.SEYIN,
KUNDUNGAL, P.O.KALLAI, KOZHIKODE - 673003.
IS IMPLEADED AS PER ORDER DTD.11.10.12 IN IA 12873/12
BY ADV SRI.JACOB ABRAHAM
RESPONDENT/S:
1 DIST.COLLECTOR
KOZHIKODE, CIVIL STATION P.O., KOZHIKODE.
2 TAHSILDAR
KOZHIKODE, PUTHIYARA, KOZHIKODE.
3 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE, CIVIL
STATION P.O., KOZHIKODE. (THE ADDRESS OF 3RD RESPONDENT
IS CORRECTED AS STATE OF KERALA, REPRESENTED BY THE
CHIEF SECRETARY TO THE GOVERNMENT OF KERALA,
SECRETARIAT, TRIVANDRUM AS PER ORDER DATED 20/03/2013
IN IA 3803/2013.)
OTHER PRESENT:
SMT.AMMINIKUTTY.K, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C.) No. 663 of 2012 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 663 of 2012
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Dated this the 3rd day of January, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"1. Issue an appropriate writ, order or direction prohibiting the
respondents from interfering with the peaceful possession and
enjoyment of by the petitioner of his property having an extent of
0.014 h of land in T.S.No.14-5-239 in Nagaram amsom and desom of
Kozhikode taluk with buildings having assessment numbers 14/139,
14/140 and 14/141 and mentioned in exhibit P3 otherwise than an
in accordance with law.
2. To pass such other order or orders for which the petitioner
may pray for and this honourable court deem fit to grant"
2. The deceased 1st petitioner is the absolute owner of a
property having an extent of 0.014 hectares of land in T.S.No.14-5-
239 in Nagaram amsom and desom of Kozhikode Taluk with
buildings in it having assessment Nos. 14/139, 14/140 and 14/141.
It was the case of the deceased 1 st petitioner in the writ petition
that, for the purpose of constructing a road, the respondents are
compelling the petitioner to demolish the buildings situated in it.
Hence, this writ petition is filed.
3. Heard the learned counsel for the 2nd petitioner and the
learned Government Pleader.
4. When this writ petition came up for consideration on
26.2.2013, this Court recorded the following submission of the
petitioner.
"The learned counsel for the petitioner submits that in the course of
the proceedings, the property of the petitioner has already been
taken over and a road has been constructed therein. The remaining
grievance is only in respect of non-disbursement of compensation ,
which has been agreed, as borne by Ext.P3.
The learned Government Pleader seeks for time to get instruction
and to file a statement. In the said circumstance, the matter is
admitted.
Issue urgent notice by speed post to the respondents 1 and 2,
returnable within two weeks."
5. The grievance of the 2nd petitioner now is that the
compensation is not paid for the land taken from the 1 st petitioner.
If that is the grievance, the 2 nd petitioner is free to approach the 1 st
respondent with a representation and the 1 st respondent can be
directed to consider the same, after giving an opportunity of
hearing to the 2nd petitioner.
Therefore, this writ petition is disposed in the following
manner :
1) The 2nd petitioner is free to approach the 1 st respondent
with a representation narrating his grievance and
claiming compensation for the land surrendered within
one month from the date of receipt of a copy of this
judgment.
2) Once such a representation is received, the 1 st
respondent will consider the same and pass appropriate
orders in it, after giving an opportunity of hearing to the
2nd petitioner, as expeditiously as possible, at any rate,
within 4 months from the date of receipt of a copy of the
representation.
SD/-
P.V.KUNHIKRISHNAN, JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 18.7.2008 BEARING
NUMBER B/2471/2004 ISSUED BY THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE TO THE PETITIONER AND OTHERS.
EXT.P2 TRUE PHOTOSTAT COPY OF THE FAX MESSAGE DATED 3.1.2012
SSUED BY THE PETITIONER TO THE CHIEF MINISTER OF KERALA
EXT.P3 TRUE PHOTOSTAT COPY OF THE LETTER DATED 4.1.2012 AND
BEARING NUMBER G5 61864/2011 DATED 4.1.2012 OF THE SECOND
RESPONDENT ISSUED AND ISSUED TO THE PETITIONER.
EXT.P4 TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE RECORDING
THE FACT OF DEATH OF C..ASSAN KOYA AND ISSUED BY THE SUB REGISTRAR
OF BIRTH AND DEATH, KOZHIKODE CORPORATION DATED 3.7.2012
EXT.P5 CERTIFIED COPY OF THE WILL DATED 12.4.1999 AND REGISTERED
AS DOCUMENT NUMBER 21 OF 1999 OF THE SUB REGISTRY, CHALAPPURAM
RESPONDENT'S EXHIBITS :
EXT.R1(A) A TRUE COPY OF THE SALE CERTIFICATE NUMBER 25/2003/ep
DATED 6.11.2004
EXT R1(B) A TRUE COPY OF THE ORDER NO.6867/09/ael DATED 2.9.2010 OF
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM.
//TRUE COPY//
P.A. TO JUDGE
SKS
