Kerala High Court
Syam Kumar vs The District Collector on 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
WP(C) NO. 2015 OF 2022
PETITIONERS:
1 SYAM KUMAR
AGED 35 YEARS
S/O.ASOKA KUMAR P.B.(LATE), PUSHPAVADY, PATTANAKKAD
P.O., CHERTHALA, ALAPPUZHA DISTRICT - 688 531.
2 PREMKUMAR
AGED 32 YEARS
S/O.ASOKA KUMAR P.B.(LATE), PUSHPAVADY, PATTANAKKAD
P.O., CHERTHALA, ALAPPUZHA DISTRICT - 688 531.
BY ADVS.
B.PRAMOD
NAMITHA JYOTHISH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, ALAPPUZHA - 688 001.
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, DISTRICT COURT WAY ROAD,
KIDANGAPARAMBU, THONDANKULANGARA, THATHAMPALLY,
ALAPPUZHA - 688 013.
3 THE TAHSILDAR
TALUK OFFICE, CHERTHALA TALUK, POLICE STATION ROAD,
NEAR MINI CIVIL STATION, CHERTHALA, ALAPPUZHA
DISTRICT - 688 524.
4 THE VILLAGE OFFICER
PATTANAKKAD VILLAGE OFFICE, PATTANAKKAD P.O.,
CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688 531.
2
W.P.(C) No. 2015 of 2022
5 NATIONAL HIGHWAY AUTHORITY OF INDIA
G 5 & 6 SECTOR - 10, DWARAKA, NEW DELHI - 110
075, REPRESENTED BY THE PROJECT DIRECTOR,
PROJECT IMPLEMENTATION UNIT, NHAI,
NO.36/414(3), NEAR NSS HIGHER SECONDARY
SCHOOL, PALKKULANGARA, THIRUVANANTHAPURAM -
695 008.
6 THE SPECIAL DEPUTY COLLECTOR & COMPETENT
AUTHORITY
LAND ACQUISITION (NATIONAL HIGHWAYS), NH66,
CIVIL STATION, ALAPPUZHA - 695 001.
7 THE SPECIAL TAHSILDAR (LAND ACQUISITION)
(NATIONAL HIGHWAYS), NH66, CHERTHALA,
ALAPPUZHA - 688 539.
BY ADVS.
M/S.M.V.KINI AND CO., SC, NHAI
E.C.KURIAKOSE
LEJO JOSEPH GEORGE
SMT.K.AMMINIKUTTY SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
W.P.(C) No. 2015 of 2022
JUDGMENT
Dated this the 2nd day of March, 2022.
The petitioners assert that the property involved in
this case was owned by their late grand father, whose
only legal heir was their father - Sri.P.B.Asoka Kumar,
who has since deceased. They say that even while their
father was alive, he had made Ext.P10 application for
transfer of Registry of the property in his name, but that
before proceedings thereon would be completed, he
unfortunately died on 18.12.2021.
2. The petitioners assert that, therefore, the 3 rd
respondent - Tahsildar is now obligated to consider
Ext.P10, after affording them an opportunity of being
heard and to produce requisite documents. They thus
W.P.(C) No. 2015 of 2022
pray that Tahsildar be directed to do so, treating Ext.P10
to be an application made by them, within a time frame
to be fixed by this Court.
3. In response to the afore submissions of
Sri.B.Pramod - learned counsel for the petitioner,
Smt.K.Amminikutty - learned Senior Government
Pleader, submitted that after Ext.P10 application was
made by the petitioners' father, he and the entity now
alleged to be in possession of the property in question,
were called for hearing but that they refused to appear
or even to produce any documents in substantiation.
She explained that the hearing was conducted on
28.09.2021, but that Sri.P.B.Asoka Kumar, petitioners'
father, died on 18.12.2021; and therefore, that the
Tahsildar has now been incapacitated from issuing any
affirmative orders on Ext.P10. She concluded her
submissions saying that, as per the tentative information
W.P.(C) No. 2015 of 2022
now available, the property in question is in the
possession of a Temple by name Sree Sakthi Vinayaka
Temple and therefore, that if this Court is inclined to
direct Ext.P10 to be disposed of, said entity or their
authorized person will have to be heard.
4. When I consider the afore submissions, it is
without doubt that, admittedly, Ext.P10 has not been
finally disposed of until now. Even though hearing is
stated to have been scheduled on 28.09.2021, the
petitioners' father unfortunately died a couple of months
thereafter and final orders could not be issued. Of
course, the specific stand of the learned Senior
Government Pleader is that the petitioners' father or the
entity who claims to be now in possession of the property
did not produce any documents in substantiation of their
rival plea and that, therefore, the Tahsildar was unable to
finalize the proceedings.
W.P.(C) No. 2015 of 2022
Taking note of the afore submissions, I am certain
that petitioners must be given an opportunity of
substantiating their plea, particularly because they say
that the tax on the property in question was paid by their
predecessor-in-interest, as manifest from Exts.P5 and P6.
In the afore circumstances, I direct the 3rd
respondent - Tahsildar, to fix a date for hearing of the
petitioners as well as the authorized representative of
the aforementioned Temple and to complete proceedings
on Ext.P10; thus culminating in an appropriate order and
necessary action thereon, as expeditiously as is possible,
but not later than one month from the date of receipt of
a copy of this judgment.
I make it clear that on the date to be fixed by the
Tahsildar, the parties shall produce all documents in
substantiation of their respective claim; and it will be
based on the same, that said Authority will take a final
W.P.(C) No. 2015 of 2022
decision in terms of the afore directions.
Needless to say, since the land in question has now
been acquired for the purposes of the National Highway
Authority of India (NHAI), the competent Authority for
Land Acquisition (CALA) appointed under the provisions
of the National Highways Act, 1956 (NH Act), will take a
decision with respect to the compensation payable
adverting to the order of the Tahsildar, in terms of the
afore directions, to be produced before it by either of the
parties.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/02.03.2022.
W.P.(C) No. 2015 of 2022
APPENDIX OF WP(C) 2015/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE OF
P.K.BALAKRISHNAN ISSUED FROM THE PATTANAKKAD
PANCHAYAT DATED 08/07/2015.
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF ASOKA KUMAR
P.B. ISSUED FROM THE PATTANAKKAD PANCHAYAT DATED
11/1/2022.
Exhibit P3 TRUE COPY OF THE 1ST PAGE OF THE SSLC BOOK OF
ASOKA KUMAR P.B.
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE RATION CARD
ISSUED TO THE PETITIONERS' FAMILY.
Exhibit P5 TRUE COPY OF THE BASIC TAX RECEIPT DATED
5/12/1996.
Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT DATED
21/8/1967.
Exhibit P7 TRUE ILLEGIBLE COPY OF THE DEED REGISTERED AS
DOCUMENT NO.1770/11 OF PATTANAKKAD SRO BY VIRTUE
OF WHICH THE PETITIONERS' GRANDFATHER
P.K.BALAKRISHNAN BECOME THE OWNER OF THE PROPERTY.
Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DATED
18/04/2019.
Exhibit P9 TRUE COPY OF THE NOTICE DATED 07/09/2021 ISSUED BY
THE 7TH RESPONDENT.
Exhibit P10 TRUE COPY OF THE APPLICATION DATED 28/09/2021
SUBMITTED BY THE PETITIONERS' FATHER ASOKA KUMAR
P.B. BEFORE THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE LETTER DATED 1/11/2021 ISSUED BY
THE 3RD RESPONDENT.
