Pulikkal Chandroth Maryodan ... vs The Deputy Collector (Land ...
2023 Latest Caselaw 1943 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                        WP(C) NO. 3467 OF 2023
PETITIONER:

            PULIKKAL CHANDROTH MARYODAN RAJAN,
            AGED 72 YEARS,
            S/O KUTTIYAPPA NAMBIAR, RESIDING AT VADAKKEDATH HOUSE,
            MUTTANUR, PATTANNUR P.O, KANNUR - 670 595.

            BY ADVS.
            JAGADEESH LAKSHMAN
            K.R.RAJKUMAR



RESPONDENTS:

    1       THE DEPUTY COLLECTOR (LAND ACQUISITION),
            CIVIL STATION, COLLECTORATE ROAD, KANNUR - 670 002.

    2       THE SPECIAL TAHSILDAR (LA)
            KINFRA, CHALODE, KANNUR - 670 595.

    3       KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
            CORPORATION [KINFRA], REPRESENTED BY ITS MANAGING
            DIRECTOR, KINFRA HOUSE, 31/2312, SASTHAMANGALAM,
            THIRUVANANTHAPURAM - 695 010.

    4       SMT. K V SAROJINI,
            W/O LATE R K KRISHNAN NAMBIAR, SREENILAYAM, KUNNOTH,
            PATTANNUR P.O, KANNUR - 670 595.

            BY ADVS

            SMT.C.S.SHEEJA, SR.GP
            SRI.P.V.SHAILAJAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3467 OF 2023

                                 2




                             JUDGMENT

The petitioner is a senior citizen. He claims that he is the

absolute owner and is in possession of about 83 cents of land,

comprised in Re Survey No.100/1 (Old Sy. No.119/3) of Pattannur

Village, Thalassery Taluk. Land acquisition proceedings were

initiated at the instance of the 3rd respondent. It is the case of

the petitioner that despite the petitioner being the absolute

owner in possession of the land which was acquired, the name of

the 4th respondent has been recorded in the acquisition

proceedings, as the person entitled to receive compensation.

The petitioner has therefore filed Ext.P12 before the 1 st

respondent. The learned counsel for the petitioner prays that

there may be a direction to the 1 st respondent to consider and

pass orders on Ext.P12, after affording an opportunity of hearing

to the petitioner and to the 4th respondent.

2. Heard the learned Government Pleader and the

learned Standing Counsel for the 3rd respondent also.

3. Having heard the learned counsel appearing for the

petitioner, the learned Government Pleader appearing for WP(C) NO. 3467 OF 2023

respondents 1 and 2 and the learned Standing Counsel

appearing for the 3rd respondent, this writ petition will stand

disposed of directing the 1st respondent to consider and pass

orders on Ext.P12, after affording an opportunity of hearing to

the petitioner and to the 4th respondent. The 1st respondent shall

endeavour to take a decision on Ext.P12 within a period of two

months from the date of receipt of a certified copy of this

judgment. Till such time as orders are passed on Ext.P12, the

amount of compensation payable for acquisition of land shall not

be disbursed to any person. I make it clear the fact that this

shall however not prejudice the taking over of the land or its use

by the 3rd respondent.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 3467 OF 2023

APPENDIX OF WP(C) 3467/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NISCHAYA REKHA DOCUMENT NO: 165 OF 1940 OF IRIKKUR SUB REGISTRAR OFFICE ALONG WITH A LEGIBLE COPY OF THE RELEVANT PORTION DATED 10- 02-1940

Exhibit P2 THE TRUE COPY OF THE PARTITION DEED NO:1558 OF 2001 OF SRO DATED 03-08-2001

Exhibit P3 THE TRUE COPY OF THE WILL NO: 48/2001 DATED 03-08-2001 EXECUTED BY THE SISTER OF THE PETITIONER, LATE LEELA

Exhibit P4 THE TRUE COPY OF THE DEATH CERTIFICATE NO.B-791/13 EVIDENCING THE DEATH OF THE SISTER OF THE PETITIONER, LATE LEELA ON 19-04-2012 ISSUED BY KOODALI GRAMA PANCHAYATH DATED 06-02-2013

Exhibit P5 THE TRUE COPY OF THE BASIC LAND TAX RECEIPT NO. KL13032306041/2022 ISSUED FROM PATTANNUR VILLAGE IN RESPECT OF 33.61 ARES OF LAND OF THE PETITIONER, THANDAPER NO: 1374 IN RE SURVEY NO: 100/1 (OLD SY. NO: 119/3) OF PATTANNUR VILLAGE FOR THE PERIOD 2022-2023 WITH DUES FOR THE YESTER YEARS DATED 12-07-

Exhibit P6 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PATTANNUR VILLAGE OFFICER DATED 13-01-2023

Exhibit P7 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO. 151/23 ISSUED FROM IRIKKUR SUB REGISTRAR OFFICE IN RESPECT OF 33.61 ARES OF LAND OF THE PETITIONER IN RE SURVEY NO: 100/1 OLD SY. NO: 119/3 OF PATTANNUR VILLAGE FOR THE PERIOD FROM 01-01-1982 TO 26-12-2022 DATED WP(C) NO. 3467 OF 2023

12/01/2023

Exhibit P8 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 74146010 IN RESPECT OF 33.61 ARES OF LAND OF THE PETITIONER IN RE SURVEY NO: 100/1, OLD SY. NO: 119/3 OF PATTANNUR VILLAGE ISSUED TO THE PETITIONER BY PATTANNUR VILLAGE OFFICER DATED 23-12-

Exhibit P9 THE TRUE COPY OF THE RELEVANT PORTION OF THE SITE PLAN AND LIST OF LAND OWNERS ACQUIRED FOR CONSTRUCTION OF KINFRA INDUSTRIAL PARK IN RESURVEY NO:100, KUNNOTHU DESAM, PATANNUR AMSHAM OBTAINED UNDER RIGHT TO INFORMATION ACT 2005 DATED 21-12-2022

Exhibit P10 THE TRUE COPY OF THE SKETCH OF THE LAND IN RESURVEY NO.:100 OF PATTANNUR VILLAGE ISSUED FROM THE PATTANNUR VILLAGE OFFICE DATED 21-01-2023

Exhibit P11 THE TRUE COPY OF THE INFORMATION FROM THE OFFICE OF THE SECOND RESPONDENT UNDER RIGHT TO INFORMATION ACT 2005 OBTAINED BY THE PETITIONER DATED 21-12-

Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED NIL BEFORE THE FIRST RESPONDENT WITH ACKNOWLEDGMENT RECEIPT DATED 26-12-2022