Kerala High Court
M.T. Thomas vs V.P.Joy on 2 March, 2022
CON.CASE(C)No.2011 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
CON.CASE(C) NO. 2011 OF 2021
JUDGMENT DATED 29.01.2021 IN WP(C) 18002/2020 OF HIGH COURT OF
KERALA
PETITIONER/4TH PETITIONER IN W.P.(C):
M.T. THOMAS,
AGED 70 YEARS
S/O.M.G.THOMAS, MURAMTHOKKIL HOUSE, MULAKULAM SOUTH,
PERUVA, KOTTAYAM DISTRICT.
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENT/RESPONDENTS 2 AND 3 IN W.P.(C):
1 V.P.JOY
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 SRI.AJITHKUMAR,
MANAGING DIRECTOR, KERALA RAIL DEVELOPMENT
CORPORATION LIMITED,
TRANS TOWER, 5TH FLOOR, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014.
SRI.A.DINESH RAO, SC, RAILWAYS
SMT SURYA BINOY, SR GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CON.CASE(C)No.2011 OF 2021 2
JUDGMENT
This Contempt Case is filed alleging violation of the undertaking given by the
respondents before this Court that they shall proceed with the project only after
getting concurrence from the State Government as well as the Railway Board and
other statutory authorities.
2. The petitioner contends that in violation to the undertaking Annexure-
A2 to A4 has been issued by the respondents.
3. Sri. Dinesh Rao, the learned Counsel appearing for the 2nd respondent
submitted that the entire issue has been considered by a Division Bench of this Court
in W.A.No.169 of 2022 while interfering with the order passed by a learned Single
Judge of this Court in W.P.(C) No.351/2022 and had occasion to hold thus in
paragraph No.90 of the judgment.
90. Taking into account the various pros and cons, and the facts
and figures, we are of the unequivocal and considered opinion
that the State Government is vested with adequate powers to
conduct the survey, and mark the properties appropriately, for
conducting the Social Impact Assessment study, and therefore,
the impugned interim order passed by the learned single Judge,
interdicting the survey and marking of the properties in
question, after issuing appropriate notifications by the State
Government under the provisions of Kerala Survey and
Boundaries Act, 1961, and the rules framed thereunder, has to
be interfered with. Accordingly, we set aside the common
interim order passed by the learned single Judge in W.P.(C)
Nos.30567/2021, 351/2022, 975/2022 & 1574/2022 dated
20.01.2022 in regard to the same.
4. Later in W.A.No.244 of 2022 and connected matters, the Division
Bench had occasion to observe as follows in paragraph No.12 of the judgment.
In fact, a detailed judgment was passed in W.A. No.169 of
W.A.Nos.244, 245, 247 & 250 of 2022 16 2022 and the
connected cases, taking into account the relevant provisions of
the Kerala Surveys and Boundaries Act, 1961, Kerala Surveys and
Boundaries Rules, 1964, the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, the State Rules, 2015 thereto, and the
provisions of Railways Act, 1989, and ultimately found that the
action of the State Government in conducting survey for social
impact assessment study as per the provisions of the LARR Act,
2013 and the State Rules 2015, is different from the notification
for acquisition under Section 11 of the LARR Act, 2013. We have
also held that there is no conflict of interest between the
provisions of LARR Act 2013 and the Kerala Survey and
Boundaries Act 1961 in the matter of conduct of survey in
connection with a proposed land acquisition.
5. It is submitted by the learned counsel that in view of the above, there
is no point in contending that Annexure - A2 to A4 has been issued against the
statutory provisions or for that matter in violation of the undertakings given before
this Court.
6. Sri.K.Mohanakannan, the learned counsel appearing for the petitioner
submitted that the matter has been taken up before the Hon'ble Supreme Court.
7. In view of the findings of the Division Bench in W.A.No.169 of 2022
and W.A.No.244 of 2022, I am of the view that the contentions now raised by the
petitioner cannot be sustained. I am of the considered opinion that no case for
contempt is made out.
Leaving open the rights of the petitioner to approach this Court again, if any
case of contempt is made out, this Case is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF CON.CASE(C) 2011/2021
PETITIONER'S ANNEXURES:
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 29-1-
2021 IN W.P(C)NO.18002/2020 OF THIS
HON'BLE COURT.
Annexure A2 TRUE COPY OF THE NOTICE INVITED TENDER
DATED NIL BY THE 2ND RESPONDENT
Annexure A3 TRUE COPY GO(MS)NO.163/2021/RD DATED 18-8-
Annexure A4 TRUE COPY OF THE COMMUNICATION SENT BY THE
2ND RESPONDENT UNDER RIGHT TO INFORMATION
ACT
Annexure A5 TRUE COPY OF GO(RT)NO.4052/2021/RD DATED
22-11-2021
Annexure A6 TRUE COPY OF THE PRESS RELEASE OF
SRI.SREEDHARAN, REGARDING THE SILVER LINE
PROJECT DATED 23-11-2021.
Annexure A7 TRUE COPY OF THE APPLICATION UNDER THE RTI
ACT DATED 17.11.2021 WITH REPLY DATED
26.11.2021
Annexure A8 TRUE COPY OF THE NEWS ITEM REPORTED IN
MANGALAM DAILY KOTTAYAM EDITION DATED
17.12.2021
Annexure A9 TRUE COPY OF THE NEWS ITEMS REPORTED IN
INDIAN EXPRESS KOTTAYAM EDITION DATED
11.12.2021.
Annexure A10 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
NATURE OF THE MARKING
RESPONDENTS' ANNEXURES:
ANNEXURE R2(A) A TRUE COPY OF THE ORDER DATED 17.12.2019
ISSUED BY THE MINISTRY OF RAILWAYS.
ANNEXURE R2(B) A TRUE COPY OF THE OFFICE MEMORANDUM
NO.24(35)/PF-11/2012, DT.05.08.16
ANNEXURE R2(C) A TRUE COPY OF THE LETTER
NO.2018/JVCELL/GENL/SPV/POLICY/2 DATED
23/04/2019 ISSUED BY THE MINISTRY OF
RAILWAYS.
ANNEXURE R2(D) A TRUE COPY OF THE ORDER DATED 11.06.2021
ISSUED BY THE STATE GOVERNMENT
ANNEXURE R2(E) A TRUE COPY OF THE REPLY ADDRESSED TO
DR.E.SREEDHARAN AND DATED 02.12.2021
ANNEXURE R2(F) TRUE COPY OF THE NOTIFICATION PUBLISHED IN
THE EXTRA ORDINARY GAZETTE NO.B-2/2021
DATED 12.10.2021 BY THE SPECIAL
TAHSILDAR(LAND ACQUISITION)/KOTTAYAM.
