Kochurani vs State Of Kerala
2022 Latest Caselaw 3050 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                        WP(C) NO. 2574 OF 2022
PETITIONER:

          KOCHURANI, AGED 69 YEARS
          W/O.C.P.THOMAS, KAVARAPARAMBU,
          NAYATHODU (PO), ANGAMALI,
          ERNAKULAM DISTRICT.

          BY ADVS.
          M.V.THAMBAN
          R.REJI
          THARA THAMBAN
          B.BIPIN
          ARUN BOSE
          SUNEESH KUMAR R.


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.

    2     THE LAND REVENUE COMMISSIONER,
          COMMISSIONERATE OF LAND REVENUE,
          THIRUVANANTHAPURAM, PIN-695 001.

    3     THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD,
          ERNAKULAM DISTRICT, PIN-682 030.

    4     THE SPECIAL TAHSILDAR (LA),
          OFFICE OF THE SPECIAL TAHASILDAR (LA),
          NH NO.2, ALUVA, ERNAKULAM DISTRICT, PIN-683 101.


          SMT.MABLE .C, KURIAN,SR.G.P



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 2574/22
                                      2

                            JUDGMENT

The petitioner has approached this Court with an allegation

that though 0.05 Ares of her land was acquired in the year 2005,

no compensation has been afforded to her until now.

2. The afore allegation made on behalf of the petitioner

by her learned counsel - Sri.R.Reji, was vehemently controverted

by the learned Senior Government Pleader - Smt.Mable C.

Kurian, saying that there is nothing on record to show that any

portion of the property in question had been acquired or taken

possession in the year 2005 or thereafter, as alleged by her. She

submitted that, therefore, on the basis of a speculative cause of

action, no reliefs can be sought for by the petitioner; and thus

prayed that this Writ Petition be dismissed.

3. No doubt, as rightly stated by the learned Senior

Government Pleader, it is only the petitioner's allegation that her

land had been acquired in the year 2005. However, since the

petitioner is a 69 year old lady, I am of the firm view that she

should be afforded an opportunity of being heard by the District WPC 2574/22

Collector, who should then verify the files and ascertain whether

any extent of her property had been indeed acquired. This is

because, if, through an enquiry, the acquisition of the

petitioner's property is established, then certainly, the District

Collector or such other competent Authority must take necessary

action to compensate her appropriately.

Resultantly, I order this Writ Petition and direct the 3 rd

respondent - District Collector to take up Ext.P8 representation

of the petitioner and cause an enquiry, either himself or through

the competent Authority, as to whether any portion of her

property had been taken over in the year 2005 for widening of

the road in question.

If, through an enquiry, it is established that the petitioner's

property had been acquired, the District Collector will take

appropriate steps as per law to compensate her appositely, if she

is so entitled.

Consideration of Ext.P8 shall be completed by the District

Collector, after affording the petitioner an opportunity of being

heard, as expeditiously as is possible, but not later than two WPC 2574/22

months from the date of receipt of a copy of this judgment and

all consequential action thereto also will be completed without

any avoidable delay, but not later than six months thereafter,

subject to the petitioner's entitlement to compensation to be

determined.

Sd/-

RR                                    DEVAN RAMACHANDRAN
                                            JUDGE
 WPC 2574/22


                APPENDIX OF WP(C) 2574/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE SALE DEED DATED
                    27.05.2005.
Exhibit P2          TRUE COPY OF THE TAX RECEIPT DATED
                    21.06.2021.
Exhibit P3          TRUE COPY OF THE NOTICE ISSUED BY THE
                    4TH RESPONDENT WITH RESPECT TO THE

ACQUISITION OF THE PETITIONERS PROPERTY. Exhibit P4 TRUE COPY OF THE LETTER DATED 28.02.2013 OF THE 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 04.12.2014 FILED BEFORE THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 27.02.2015 FILED BEFORE THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE LETTER NO.A3 452/11 DATED 06.12.2019 OF THE 4TH RESPONDENT. Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 19.01.2022 FILED BEFORE THE 3RD RESPONDENT.