Santhosh T.M vs District Collector
2023 Latest Caselaw 2157 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
                        WP(C) NO. 6478 OF 2019
PETITIONERS:

    1     SANTHOSH T.M.
          THADATHIL HOUSE, CHINGAVANAM P.O., KOTTAYAM DISTRICT.

    2     KUNJAMMA MARKOSE,
          THADATHIL VEEDU, CHINGAVANAM P.O., KOTTAYAM DISTRICT.

    3     SHAJIMON.T.M,
          THADATHIL VEEDU, CHINGAVANAM P.O., KOTTAYAM DISTRICT.

    4     SAJINIMOLE.T.M,
          THADATHIL VEEDU, CHINGAVANAM P.O., KOTTAYAM DISTRICT.

    5     K.K.BHASI,
          KALATHIL POLACHIRA, CHINGAVANAM P.O., NATTAKOM,
          KOTTAYAM DISTRICT.
          NOW RESIDING AT KALATHIL HOUSE, VALIYAKULANGARA,
          CHERUKOL P.O., MAVELIKKARA.

    6     A.K.AMMINI,
          W/O.K.K.BHASI, KALATHIL POLACHIRA, CHINGAVANAM P.O.,
          NATTAKOM, KOTTAYAM DISTRICT.
          NOW RESIDING AT KALATHIL HOUSE, VALIYAKULANGARA,
          CHERUKOL P.O., MAVELIKKARA.

          BY ADV P.KURUVILLA JACOB


RESPONDENTS:

    1     DISTRICT COLLECTOR,
          KOTTAYAM, PIN - 686 002.

    2     DEPUTY CHIEF ENGINEER,
          III/CN, CONSTRUCTION, SOUTHERN RAILWAY,
          ERNAKULAM JUNCTION, ERNAKULAM - 682 016.

    3     DEPUTY COLLECTOR,
          (L.A), COLLECTORATE, KOTTAYAM - 686 002.
 WP(C) NO.6478 OF 2019             2



    4     PRINCIPAL SECRETARY TO GOVERNMENT,
          REVENUE (B) DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    5     LAND REVENUE COMMISSIONER (SENIORITY CELL),
          PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM - 695 033.

    6     SPECIAL TAHSILDAR(L.A),
          OFFICE OF LAND ACQUISITION,
          RAILWAYS KOTTAYAM - 686 001.

          BY ADVS.
                     A.DINESH RAO, SC, RAILWAYS
                     MANU S., DSG OF INDIA
                     K K PREETHA (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.6478 OF 2019              3




                              JUDGMENT

Petitioners have approached this Court being aggrieved

by the fact that the amount fixed in the Rehabilitation and

Resettlement (RR) package sanctioned to them as part of

acquisition of their land for the purposes of doubling of the

Mulanthuruthy-Chingavanam Railway line is considerably less

than the amount of RR package sanctioned in favour of certain

others, who are placed similarly like the petitioners. The

learned counsel appearing for the petitioners would submit

that Ext.P18 proceedings will show that others similarly

effected were sanctioned an amount of Rs.4.6 Lakh while the

petitioners were granted only Rs.1.6 Lakh.

2. The learned Government Pleader appearing for the

respondents and the learned Deputy Solicitor General

appearing for the Southern Railway would submit that the land

of the petitioners was purchased based on a negotiation and at

a value fixed following a District Level Fair Compensation

Rehabilitation and Resettlement Committee (DLFC) meeting

and therefore the petitioners cannot seek for any further

amount to be sanctioned towards the RR package.

3. The learned counsel appearing for the petitioners

would submit that a reading of the statement filed by the 6 th

respondent would indicate that the DLFC meeting was confined

to the land value, value of improvements etc. and the

petitioners had not agreed to receive the amount now

sanctioned to them as RR package.

4. Having heard the learned counsel appearing for the

petitioners and the learned DSG appearing for the Southern

Railway and the learned Government Pleader appearing for

other respondents, I am of the view that the petitioners can be

permitted to agitate their claim for enhance RR package before

the 1st respondent, who shall take a decision in the matter after

affording an opportunity of hearing to the petitioners or their

authorized representatives within a period of three months

from the date of receipt of a certified copy of this judgment.

The 1st respondent shall, while taking a decision on the claim of

the petitioners hear the requisitioning authority (Railways)

also.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 6478/2019

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF THE MINUTES OF DLFC MEETING HELD ON 23.10.2017 IN THE CHAMBER OF 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF REQUEST DATED 27.10.2017 SENT BY 2ND PETITIONER TO 1ST RESPONDENT SEEKING ACQUISITION OF THE REMAINING PROPERTY.

EXHIBIT P3 TRUE COPY OF REQUEST DATED 26.10.2017 SENT BY 2ND PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 26.10.2017 SENT BY PETITIONERS 5 AND 6 TO 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 27.10.2017 SENT BY PETITIONERS 5 AND 6 TO 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF REQUEST DATED 1.3.2018 SENT BY 2ND PETITIONER ON BEHALF OF PETITIONERS 1,3 AND 4 ALSO TO 6TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF REPRESENTATION SENT BY 5TH PETITIONER IN HIS CAPACITY AS CONVENOR, JANAKEEYA SAMITHI, CHINGAVANAM TO 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF INFORMATION DATED 18.3.2017 SENT TO 5TH RESPONDENT BY THE RIGHT TO INFORMATION OFFICER, JUNIOR SUPERINTENDENT (ACCOUNTS DEPARTMENT) COLLECTORATE, ERNAKULAM.

EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 22.3.2018 SENT BY PETITIONERS 1 TO 4 TO THE 1ST RESPONDENT DISTRICT COLLECTOR KOTTAYAM.

EXHIBIT P10 TRUE COPY OF REPRESENTATION DATED 22.3.2018 SENT BY PETITIONERS 1 TO 4 TO 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF REPRESENTATION DATED 22.3.2018 SENT BY PETITIONERS 5 & 6 TO 1ST RESPONDENT.

EXHIBIT P12 TRUE COPY OF REPRESENTATION DATED 22.3.2018 SENT BY PETITIONERS 5 AND 6 TO THE 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF LETTER DATED 16.4.2018 COMMUNICATED TO 5TH RESPONDENT.

EXHIBIT P14 TRUE COPY OF JUDGMENT DATED 13.6.2018 IN W.P.(C) NO.16857/2018 OF THE HON'BLE HIGH COURT OF KERALA. (COMPUTER PRINT).

EXHIBIT P15 TRUE COPY OF ORDER DATED 6.10.2018 OF 1ST RESPONDENT COMMUNICATED TO PETITIONERS.

EXHIBIT P16 TRUE COPY OF 5TH PETITIONER'S APPLICATION DATED 30.11.2018 SUBMITTED TO THE OFFICE OF 6TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P17 TRUE COPY OF THE 1ST PETITIONER'S APPLICATION DATED 3.11.2018 FORWARDED TO THE OFFICE OF 6TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P17 TRUE COPY OF THE 5TH PETITIONER'S APPLICATION DATED 3.11.2018 FORWARDED TO THE OFFICE OF 6TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P18 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD BY 3RD RESPONDENT ON 22.7.19, FIXING THE RR PACKAGE AMOUNT TO THE AFFECTED 44 RESIDENTS OF MUTTAMBALAM, VILLAGE.

EXHIBIT P19 TRUE COPY OF THE RELEVANT PORTION OF THE NOTICE PUBLISHED BY 3RD RESPONDENT IN THE MALAYALA MANORAMA DATED 7.7.19.