Kerala High Court
T.C.Sujith vs State Of Kerala on 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(C) NO. 2645 OF 2022
PETITIONERS:
1 C.M.CHANDRAMATHI, AGED 71 YEARS, W/O. LATE C. SUKUMARAN,
SWARAJ NIVAS, P.O CHOVVA, KANNUR TALUK,
KANNUR DISTRICT 670 002
2 PAROTHINGAL VASUDEVAN, AGED 70 YEARS, S/O. KUTTAN,
ARADHANA, ONDENPARAMPU, CIVIL STATION P.O, PUZHATHI,
KANNUR DISTRICT 670 002
3 EDAKANAMBETH POOKANDI GOPALAKRISHNAN, AGED 52 YEARS
S/O. KANNAN, POOKKANDI HOUSE, KOODALI, P.O EDAYANNOOR,
THALASSERY TALUK, KANNUR DISTRICT 670 595
BY ADVS.
C.P.PEETHAMBARAN
MINI.V.A.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE DISTRICT COLLECTOR, KANNUR DISTRICT,
CIVIL STATION, KANNUR 670 001
3 THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL)
OFFICE OF THE SPECIAL TAHSILDAR (LA GENERAL)
THALASSERY P.O, KANNUR DISTRICT 670 101
4 THE VILLAGE OFFICER, ELAYAVOOR VILLAGE ELAYAVOOR,
KANNUR DISTRICT PIN 670 002
SMT K AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022 ALONG WITH WP(C)2649/2022 AND 2660/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WPC 2645,2649&2660/22
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(C) NO. 2649 OF 2022
PETITIONERS:
1 T.C.SUJITH, AGED 60 YEARS, S/O.GOVINDAN,
THANDAYANKADI CHERUMANALIL, BALA LEELA, CHOVVA
P.O., ELAYAVOOR, KANNUR-670 006.
2 DEEPIKA SASEENDRAN,AGED 50 YEARS
W/O.SASEENDRAN, KANAKA NIVAS, KANAKAVALLI ROAD,
CHOVVA P.O., KANNUR-670 006.
3 MEERA PADMANABHAN, W/O.PADMANABHAN, AMBADI HOUSE,
MISSION COMPOUND, CHOVVA P.O., KANNUR-670 006.
4 GEETHA JAYACHANDRAN,W/O.JAYACHADNRAN, KAYAGEETH
HOUSE, KANAKAVALLI ROAD, CHOVVA P.O.,
KANNUR-670 006.
5 T.K.SUSHEELA, W/O.GOVINDAN(LATE), AMBADI HOUSE,
MISSION COMPUND, CHOVVA P.O., KANNUR-670 006.
6 ABDUL SATAR, RASAS, MUNDAYAD ROAD, MISSION
COMPOUND, CHOVVA P.O., KANNUR-670 006.
BY ADVS.
C.P.PEETHAMBARAN
MINI.V.A.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR, KANNUR DISTRICT,
CIVIL STATION, KANNUR-670 001.
WPC 2645,2649&2660/22
3
3 THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL),
OFFICE OF THE SPECIAL TAHSILDAR (LA GENERAL),
THALASSERY P.O., KANNUR DISTRICT-670 101.
4 THE VILLAGE OFFICER, ELAYAVOOR VILLAGE,
ELAYAVOOR, KANNUR DISTRICT, PIN-670 002.
SMT K AMMINIKUTTY , SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.01.2022 ALONG WITH WP(C)2645/2022 AND 2660/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 2645,2649&2660/22
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(C) NO. 2660 OF 2022
PETITIONERS:
1 MOLLY K.P., AGED 56 YEARS, D/O KORAN,
KARIKKANPOOZHIYIL HOUSE, P O CHOVVA,
KANNUR TALUK, KANNUR DISTRICT 670 006
2 ARUNA VALSARAJ, AGED 72 YEARS, D/O RUKMINI,
POTHERI HOUSE, SIVAKRISHNA, P O CHOVVA, KANNUR
DISTRICT 670 006
3
PRAKASAN, AGED 57 YEARS, S/O BALAKRISHNAN,
MYLAPRATH, PRANAVAM, MELE CHOVVA, PO CHOVVA,
KANNUR DISTRICT 670 006
4 NADEERA RAFEEQUE, W/O THAYYILKUNNUMMATTAHIL
RAFEEQUE, DARUL ARKKAM, ELAYAVOOR PO, VARAM,
KANNUR 670 594.
5 N.P. MANOMOHANAN, S/O DAMAYANTHI, PACHAKUNIYIL
HOUSE, P O CHOVVA, KANNUR 670 006
6 A.T.BALAKRISHNAN EZHUTHACHAN, THAYIKANDI HOUSE,
PAYYAMBARAM PO, KANNUR DISTRICT 670 001.
BY ADVS.
C.P.PEETHAMBARAN
MINI.V.A.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR, KANNUR DISTRICT,
CIVIL STATION, KANNUR-670 001.
WPC 2645,2649&2660/22
5
3 THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL),
OFFICE OF THE SPECIAL TAHSILDAR (LA GENERAL),
THALASSERY P.O., KANNUR DISTRICT-670 101.
4 THE VILLAGE OFFICER, ELAYAVOOR VILLAGE,
ELAYAVOOR, KANNUR DISTRICT, PIN-670 002.
SMT K AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.01.2022 ALONG WITH WP(C)2645/2022 AND 2649/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 2645,2649&2660/22
6
JUDGMENT
The petitioners in these cases say that they have preferred
applications before the District Collector under the provisions of
Section 64(1) of the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(hereinafter referred to as 'the Fair Compensation Act' for short)
and seek that the same be directed to be considered and disposed
of without any further delay.
2. Sri.C.P.Peethambaran - learned counsel for the
petitioners, further submitted that his clients have an additional
grievance that if, before the applications for reference are
considered, the buildings on the properties acquired are
demolished, it would cause them irreparable prejudice. He,
therefore, prayed that the authorities be directed not to alter the
status quo of the properties and the buildings thereon, until such
time as the District Collector takes a final decision on the
WPC 2645,2649&2660/22
petitioners' applications for reference.
3. Smt.K.Amminikutty - learned Senior Government
Pleader, submitted that the applications of the petitioners have
been preferred only a week or two ago and therefore, that the
afore requests are untenable. She submitted that the District
Collector will certainly consider the applications as per law and
within the time frame as has been statutorily prescribed, but that
the petitioners cannot dictate to him the manner in which it has
to be done.
4. When I consider the afore submissions, it is without
doubt that if the applications of the petitioners, for reference
under Section 64(1) of the 'Fair Compensation Act', have already
been preferred before the District Collector, said Authority is
enjoined to consider it in terms of law, after hearing them also.
Resultantly, I order these Writ Petitions and direct the
District Collector to take up the applications of the petitioners and
dispose it of, after affording them an opportunity of being heard,
WPC 2645,2649&2660/22
as expeditiously as is possible, but within the time frame
stipulated under the aforesaid Statute.
Needless to say, until such time as the afore exercise is
completed and the resultant orders communicated to the
petitioners, the buildings standing in the acquired properties shall
not be demolished and their status quo as on today shall be
maintained; however, clarifying that further action with respect to
the same will depend upon the decision to be taken by the District
Collector in terms of the afore directions.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 2645,2649&2660/22
APPENDIX OF WP(C) 2645/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPIES OF THE OWNERSHIP CERTIFICATES
DATED 30.7.2020 ISSUED BY THE SECRETARY,
KANNUR CORPORATION TO THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 8.12.2021
IN LAC NO.18/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 1ST PETITIONER.
Exhibit P3 TRUE COPY OF THE APPLICATION FILED BY THE
POWER OF ATTORNEY HOLDER OF THE 1ST
PETITIONER DATED 14.1.2022 BEFORE THE 2ND
RESPONDENT.
Exhibit P4 TRUE COPIES OF THE OWNERSHIP CERTIFICATES
DATED 28.5.2020 ISSUED BY THE SECRETARY,
KANNUR CORPORATION TO THE 2ND PETITIONER.
Exhibit P5 TRUE COPY OF THE NOTICE DATED 8.12.2021
IN LAC NO.19/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 2ND PETITIONER.
Exhibit P5(A) TRUE COPY OF THE NOTICE DATED 8.12.2021
IN LAC NO.20/2021ISSUED BY THE 3RD
RESPONDENT TO THE 2ND PETITIONER.
Exhibit P6 TRUE COPY OF THE APPLICATION FILED BY THE
2ND PETITIONER DATED 14.1.2022 BEFORE THE
2ND RESPONDENT AGAINST LAC 19/2021.
Exhibit P6(A) TRUE COPY OF THE APPLICATION FILED BY THE
2ND PETITIONER DATED 14.1.2022 BEFORE THE
2ND RESPONDENT AGAINST LAC 20/2021.
Exhibit P7 TRUE COPIES OF THE OWNERSHIP CERTIFICATES
DATED 16.8.2021 ISSUED BY THE SECRETARY,
KANNUR CORPORATION TO THE 3RD PETITIONER.
Exhibit P8 TRUE COPY OF THE NOTICE DATED 8.12.2021
IN LAC NO.21/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 3RD PETITIONER.
Exhibit P9 TRUE COPY OF THE APPLICATION FILED BY THE
3RD PETITIONER DATED 14.1.2022 BEFORE THE
2ND RESPONDENT.
Exhibit P10 TRUE COPY OF THE ORDER DATED 26.8.2019 IN
WP(C) NO.23044/2019 OF THIS HON'BLE
COURT.
Exhibit P11 TRUE COPY OF THE ORDER DATED 3.11.2020 IN
WP(C) NO.20533/2020 OF THIS HON'BLE
COURT.
WPC 2645,2649&2660/22
APPENDIX OF WP(C) 2649/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPIES OF THE OWNERSHIP CERTIFICATE
DATED 27.12.2021 ISSUED BY THE SECRETARY,
KANNUR CORPORATION TO THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 08.12.2021
IN LAC NO.9/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 1ST PETITIONER.
Exhibit P3 TRUE COPY OF THE APPLICATION FILED BY THE
1ST PETITIONER DATED 14.01.2022 BEFORE
THE 2ND PETITIONER.
Exhibit P4 TRUE COPIES OF THE OWNERSHIP CERTIFICATES
DATED 24.12.2021 ISSUED BY THE SECRETARY,
KANNUR CORPORATION TO THE 2NE PETITIONER.
Exhibit P5 TRUE COPY OF THE NOTICE DATED 08.12.2021
IN LAC NO.1/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 2ND PETITIONER.
Exhibit P6 TRUE COPY OF THE APPLICATION FILED BY THE
2ND PETITIONER DATED 14.01.2022 BEFORE
THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 13.09.2021 ISSUED BY THE KANNUR
MUNICIPAL CORPORATION TO THE 3RD
PETITIONER.
Exhibit P8 TRUE COPY OF THE NOTICE DATED 08.12.2021
IN LAC NO.11/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 3RD PETITIONER.
Exhibit P9 TRUE COPY OF THE APPLICATION FILED BY THE
3RD PETITIONER DATED 14.01.2022 BEFORE
THE 2ND RESPONDENT.
Exhibit P10 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 29.07.2021 ISSUED BY THE KANNUR
MUNICIPAL CORPORATION TO THE 4TH
PETITIONER.
Exhibit P11 TRUE COPY OF THE NOTICE DATED 08.12.2021
IN LAC NO.13/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 4TH PETITIONER.
Exhibit P12 TRUE COPY OF THE APPLICATION FILED BY THE
4TH PETITIONER DATED 14.01.2022 BEFORE
THE 2ND RESPONDENT.
Exhibit P13 TRUE COPY OF THE NOTICE DATED 08.12.2021
IN LAC NO.14/2021 ISSUED BY THE 3RD
WPC 2645,2649&2660/22
RESPONDENT TO THE 5TH PETITIONER.
Exhibit P14 TRUE COPY OF THE APPLICATION FILED BY THE
5TH PETITIONER DATED 14.01.2022 BEFORE
THE 2ND RESPONDENT.
Exhibit P15 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 06.10.2021 ISSUED BY THE KANNUR
MUNICIPAL CORPORATION TO THE 6TH
PETITIONER.
Exhibit P16 TRUE COPY OF THE NOTICE DATED 08.12.2021
IN LAC NO.16/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 6TH PETITIONER.
Exhibit P17 TRUE COPY OF THE APPLICATION FILED BY THE
6TH PETITIONER DATED 14.01.2022 BEFORE
THE 2ND RESPONDENT.
Exhibit P18 TRUE COPY OF THE ORDER DATED 26.08.2019
IN WPC NO.23044/2019 OF THIS HON'BLE
COURT.
Exhibit P19 TRUE COPY OF THE ORDER DATED 03.11.2020
IN WPC NO.20533/2020 OF THIS HON'BLE
COURT.,
WPC 2645,2649&2660/22
APPENDIX OF WP(C) 2660/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 24.8.2021 ISSUED BY THE SECRETARY,
KANNUR CORPORATION TO THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 8.12.2021
IN LAC NO.22/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 1ST PETITIONER.
Exhibit P3 TRUE COPY OF THE APPLICATION FILED BY THE
1ST PETITIONER DATED 14.1.2022 BEFORE THE
2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 29.7.2020 ISSUED BY THE SECRETARY,
KANNUR CORPORATION TO THE 2ND PETITIONER.
Exhibit P5 TRUE COPY OF THE NOTICE DATED 8.12.2021
IN LAC NO.23/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 2ND PETITIONER.
Exhibit P6 TRUE COPY OF THE APPLICATION FILED BY THE
2ND PETITIONER DATED 14.1.2022 BEFORE THE
2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 18.8.2021 ISSUED BY THE SECRETARY,
KANNUR CORPORATION TO THE 3RD PETITIONER.
Exhibit P8 TRUE COPY OF THE NOTICE DATED 8.12.2021
IN LAC NO.24/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 3RD PETITIONER.
Exhibit P9 TRUE COPY OF THE APPLICATION FILED BY THE
3RD PETITIONER DATED 14.1.2022 BEFORE THE
2ND RESPONDENT.
Exhibit P10 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 29.12.2021 ISSUE BY THE SECRETARY,
KANNUR CORPORATION TO THE 4TH PETITIONER.
Exhibit P11 TRUE COPY OF THE NOTICE DATED 8.12.2021
IN LAC NO.26/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 4TH PETITIONER'S
HUSBAND.
Exhibit P12 TRUE COPY OF THE APPLICATION FILED BY THE
4TH PETITIONER FOR AND ON BEHALF OF HER
HUSBAND ALSO DATED 14.1.2022 BEFORE THE
2ND RESPONDENT.
Exhibit P13 TRUE COPY OF THE OWNERSHIP CERTIFICATES
DATED 14.8.2021 ISSUED BY THE SECRETARY,
WPC 2645,2649&2660/22
KANNUR CORPORATION TO THE 5TH PETITIONER.
Exhibit P14 TRUE COPY OF THE NOTICE DATED 8.12.2021
IN LAC NO.27/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 5TH PETITIONER.
Exhibit P15 TRUE COPY OF THE APPLICATION FILED BY THE
5TH PETITIONER AND OTHERS DATED 14.1.2022
BEFORE THE 2ND RESPONDENT.
Exhibit P16 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 24.12.2021 ISSUED BY THE SECRETARY,
KANNUR CORPORATION TO THE 6TH PETITIONER.
Exhibit P17 TRUE COPY OF THE NOTICE DATED 8.12.2021
IN LAC NO.28/2021 ISSUED BY THE 3RD
RESPONDENT TO THE 6TH PETITIONER.
Exhibit P18 TRUE COPY OF THE APPLICATION FILED BY THE
6TH PETITIONER ALONG WITH OTHER CO-OWNER
DATED 14.1.2022 BEFORE THE 2ND
RESPONDENT.
Exhibit P19 TRUE COPY OF THE ORDER DATED 26.8.2019 IN
WP(C) NO.23044/2019 OF THIS HON'BLE
COURT.
Exhibit P20 TRUE COPY OF THE ORDER DATED 3.11.2020 IN
WP(C) NO.20533/2020 OF THIS HON'BLE
COURT.
