Muthoot Hotels Private Limited vs The State Of Kerala
2022 Latest Caselaw 3591 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                       WP(C) NO. 30595 OF 2021
PETITIONER:

          MUTHOOT HOTELS PRIVATE LIMITED
          HAVING REGISTERED OFFICE AT MUTHOOT CENTER, PUNNEN
          ROAD, TRIVANDRUM DISTRICT, PINCODE-695001, REPRESENTED
          BY ITS AUTHORIZED SIGNATORY RANA JOSEPH, AGED 47,
          S/O.T.J.JOSEPH, RESIDING IN THE ADDRESS
          THONIPPURAKALKAITHAYIL HOUSE, PARIYARAM P.O., KOTTAYAM
          DISTRICT-686021.

          BY ADV G.SREEKUMAR (CHELUR)



RESPONDENTS:

    1     THE STATE OF KERALA, REP. BY THE SECRETARY TO THE
          GOVERNMENT, COASTAL SHIPPING AND INLAND NAVIGATION
          DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
          P.O, THIRUVANANTHAPURAM DISTRICT-695001.

    2     THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P.O.,
          THIRUVANANTHAPURAM DISTRICT-695001.

    3     THE CHIEF SECRETARY, OFFICE OF THE CHIEF SECRETARY,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PO,
          THIRUVANANTHAPURAM DISTRICT-695001.

    4     THE DISTRICT COLLECTOR
          OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
          KADAPANAKUNNU, THIRUVANANTHAPURAM DISTRICT-695004.

    5     THE ASSISTANT ENGINEER
          COASTAL SHIPPING AND INLAND WATER NAVIGATION SUB
          DIVISION, PRIYADARSHINI PLANETARIUM ROAD, POST MASTER
          GENERAL, PMG COMPOUND, THIRUVANANTHAPURAM DISTRICT-
          695033.

    6     THE OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL
          STATION, KADAPANAKUNNU, THIRUVANANTHAPURAM DISTRICT-
 WP(C) NO. 30595 OF 2021
                                      2


                695004.

     7          THE ADDITIONAL TAHASILDAR,
                OFFICE OF THE ADDITIONAL TAHASILDAR, TALUK
                OFFICE, NEAR EXCISE OFFICE, FORT,
                THIRUVANANTHAPURAM, PINCODE-695023.

     8          THE SPECIAL TAHSILDAR,
                LAND ACQUISITION (INTERNATIONAL AIRPORT),
                OFFICE OF THE SPECIAL TAHSILDAR, CIVIL STATION,
                THIRUVANANTHAPURAM DISTRICT-695004.

     9          THE DIRECTOR, INLAND NAVIGATION DIRECTORATE,
                KALLADA HOUSE, ASHRAMAM RD, ASRAMAM, KOLLAM,
                KERALA-691001.

ADDL.R10 REGIONAL JOINT DIRECTOR OF SURVEY AND LAND
    .    RECORDS, REGIONAL JOINT DIRECTOR OFFICE, CIVIL
         STATION ROAD, KUDAPPANAKUNNU,
         THIRUVANANTHAPURAM, KERALA - 695 043.

            SRI.ASHWIN SETHUMADHAVAN SR.G.P.




         THIS    WRIT     PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   24.03.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 30595 OF 2021
                                   3


                                JUDGMENT

Even though there are various assertions, allegations

and averments made and urged in this writ petition, when

this matter was called today, a virtual consensus was arrived

at between Sri.G.Sreekumar - learned counsel for the

petitioner and Sri.Aswin Sethumadhavan - learned Senior

Government Pleader, that a proper survey of the entire extent

of land, including the alleged "puramboke", can be

completed, based on the statutory requirements and Rule 82

of the Kerala Survey and Boundaries Rules.

2. The only suggestion made by Sri.G.Sreekumar -

learned counsel for the petitioner, was that while doing so,

the documents to be produced by his client before the

competent Authority be also directed to be adverted to, in

addition to the other relevant inputs.

3. Since the learned Senior Government Pleader did not

oppose this suggestion, I deem it appropriate to allow this

writ petition, acceding to the request of the petitioner.

4. Resultantly, I dispose of this writ petition to the

limited extent of directing the competent respondent to WP(C) NO. 30595 OF 2021

complete survey proceedings as per the applicable Rules and

Regulations, taking into account the documents to be

presented before him by the petitioner also. For this

purpose, I direct the petitioner to mark appearance before

the competent Authority, along with all their documents, at

11 a.m on 04.04.2022; on which day, the said Authority will

either hear them, or fix another convenient date for such

purpose, thus culminating in an appropriate order and

necessary action thereon as expeditiously as is possible, but

not later than four months from the date of receipt of a copy

of this judgment.

5. Needless to say, until such time as the afore exercise

is completed and the resultant order communicated to the

petitioner, any action to disposes the petitioner pursuant to

Ext.P12 will stand deferred.

6. It also goes without saying that I have not considered

any of the rival contentions of the parties and that all of them

are left open to be pursued by them appropriately in future

date, if so found warranted.

At this time, Sri.G.Sreekumar - learned counsel for the

petitioner, intervened to say that his client has a case that the WP(C) NO. 30595 OF 2021

Joint Director is the competent Authority. However, I do not

propose to go into this issue at all because since the parties

are in consensus that the survey can be conducted, I am of

the view the said Authority must supervise the entire process;

for which purpose, the petitioner will first mark appearance,

as per the afore directions, before him and the said Authority

will supervise further action required as per this judgment to

be completed by the Taluk Surveyor in terms of law.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 30595 OF 2021

APPENDIX OF WP(C) 30595/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE AUTHORIZATION IN THE NAME OF THE SIGNATORY ISSUED DATED NIL.

Exhibit P2 A TRUE COPY OF THE DOCUMENT BEARING NO.832 OF 85 DATED 10.01.1985 OF THE THIRUVALLAM S.R.O.

Exhibit P3 A TRUE COPY OF THE TAX PAID RECEIPT THANDAPER ACCOUNT NO.19234 ACCEPTED BY THE SPECIAL VILLAGE OFFICER AND RECEIPT ISSUED BY THE THIRUVALLAM VILLAGE OFFICE DATED 10.08.2021.

Exhibit P4 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE ERSTWHILE A AND N HOTEL ENTERPRISES LIMITED BY THE VILLAGE OFFICER, THIRUVALLAM DATED 15.02.2021.

Exhibit P5 A TRUE COPY OF THE ORDER PASSED BY THE COASTAL SHIPPING INLAND NAVIGATION DEPARTMENT DATED 22.08.2018.

Exhibit P6 A TRUE COPY OF THE GAZETTE PUBLICATION DATED 14.07.2021 BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

Exhibit P7 A TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, THIRUVALLAM DATED 16.02.2021.

Exhibit P8 A TRUE COPY OF THE COMMUNICATION BY THE R D O THIRUVANANTHAPURAM DATED 21.02.2005.

Exhibit P9 A TRUE COPY OF THE LETTER ON BEHALF OF THE PETITIONER ISSUED BY SABU SACHARIAS DATED 27.02.2007.

Exhibit P10 A TRUE COPY OF THE REPRESENTATION ISSUED BY THE SELF SAME SABU ZACHARIAS ON BEHALF OF THE PETITIONER DATED 08.08.2017 BEFORE THE WP(C) NO. 30595 OF 2021

ADDITIONAL TAHSILDAR.

Exhibit P11 A TRUE COPY OF THE JUDGMENT DELIVERED BY THIS HON'BLE COURT IN WP(C)NO.21369 OF 2021 DATED 12.11.2021.

Exhibit P12 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE SPECIAL TAHSILDAR, LAND ACQUISITION (INTERNATIONAL AIRPORT), CIVIL STATION, THIRUVANANTHAPURAM, DATED 16.12.2021.