Kerala High Court
Sree Kalarivathukkal Devaswom vs The Competent Authority And ... on 8 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945
W.P.(C) NO. 1204 OF 2023
PETITIONER:
SREE KALARIVATHUKKAL DEVASWOM,
REPRESENTED BY ITS EXECUTIVE OFFICER, CHIRAKAL
KOVILAKOM DEVASWOMS, P.O. CHIRAKKAL, KANNUR,
PIN - 670011
BY ADVS.
MAHESH V RAMAKRISHNAN
PRAVEEN K.S.
RESPONDENTS:
1 THE COMPETENT AUTHORITY AND SPECIAL THAHSILDAR,
LAND ACQUISITION (NH) UNIT II, CIVIL STATION,
KANNUR, PIN - 670002.
2 NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REPRESENTED BY ITS AUTHORISED OFFICER, G-5&6,
SECTOR-10, DWARAKA, NEW DELHI, PIN - 110075.
3 DISTRICT COLLECTOR
KANNUR, CIVIL STATION, KANNUR, PIN - 670002.
4 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO REVENUE
(DEVASWOM) DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
5 THE MALABAR DEVASWOM BOARD,
REP. BY ITS SECRETARY, HOUSEFED COMPLEX,
P.O.ERANHIPALAM, KOZHIKODE, PIN - 673006.
2
W.P.(C) Nos.1204 and 1624 of 2023
6* KANIYARAKKAL AYISSA,
KANIYARAKKAL HOUSE, KATTAMPALLY, P.O CHIRAKKAL,
KANNUR - 670011.
7* KURIKKALAKATH SUBAIDA,
W/O K.C. KHALID, SUKHA MAHAL, SANKARANKADA, P.O
CHIRAKKAL, KANNUR - 670011.
8* DHANARAJ N.,
NARIYAN HOUSE, ARAYAMBETH, P.O CHIRAKKAL,
KANNUR - 670011.
9* CHANTHRAMBETH RAMAN,
OTTATHAYYIL, MOUVANCHERRY, P.O CHIRAKKAL,
KANNUR - 670011.
10* ASHARAF K.V.,
S/O SABEENA K.V., NAFEESA MANZIL, OTTACHAL,
KOTTALI (PO), KANNUR - 670643.
11* BATHAKKA ABDUL RASHEED,
S/O MAHAMOOD P.P., SULAIKHA MANZIL,
PUTHIYATHERU P.O CHIRAKKAL, KANNUR - 670011.
12* A. JAMEELA,
JASVILLA, BALANKINAR HOUSE, KATTAMPALLY P.O,
KANNUR - 670562.
13* ABDUL SATHAR K.,
KANIYARAKKAL HOUSE, KATTAMPALLY (PO),
KANNUR - 670562.
14* NIZAR K.,
KANIYARAKKAL HOUSE, KATTAMPALLY (PO),
KANNUR - 670562.
15* PUNNAKKAL MUNDAYARAKKAL UBAID,
HAJIRAS, NARATH P.O., KANNUR - 670601.
16* K.V. RAMAKRISHNAN,
(S/O) O.P. KUMARAN, SHRI NIKETH,
PADINJAREMOTTA, P.O CHIRAKKAL, KANNUR - 670011.
3
W.P.(C) Nos.1204 and 1624 of 2023
17* N. SAROJINI,
MANNAMBETH HOUSE, ARAYAMBETH, P.O CHIRAKKAL,
KANNUR - 670011.
18* ARAYAMBETH MANGOOL POKKAN,
KOTTAYIL HOUSE, ARAYAMBETH, P.O CHIRAKKAL,
KANNUR - 670011.
19* PALLIPRATH PUNNAKKAL JAMEELA,
D/O ABDULLA, P.P. HOUSE, (SALMA MANZIL) MUKKIL
PEEDIKA (PO), CHIRAKKAL. 670011.
20* MUHAMMED ANWAR.A.
(S/O) MAHAMOOD P.P., P.P. HOUSE, KUNNUMKAI
PALLI, P.O CHIRAKKAL, KANNUR - 670011.
21* MUKKANNAM CHERIYAPURAYIL NASEEMA,
M.C. HOUSE, KUNNUMKAI, P.O CHIRAKKAL,
KANNUR - 670011.
22* RAJAN PUTHIYAPURAYIL,
S/O K.KARUVAN, KOTTYALI HOUSE, MANNA,
VALAPATTANAM P.O., KANNUR 670 010.
23* MOUVERI MOHANAN,
AISWARYA, PANANKAVU, CHIRAKKALP.O CHIRAKKAL,
KANNUR - 670011.
24* FATHIMA P.P.,
PUTHANPURAYIL, KUNNUMKARI, P.O CHIRAKKAL,
KANNUR - 670011.
25* K. ABDUL AZEEZ,
K.E. HOUSE, K.V. ROAD, CHALAD P.O.
KANNUR - 670014.
26* MOIDEEN,
DARUL FALAH, KUNNUMKAI, CHIRAKKAL, P.O
CHIRAKKAL, KANNUR - 670011.
27* RIYAZ K.,
KADAVAN HOUSE, KATTAMPALLY (PO),KANNUR - 62.
4
W.P.(C) Nos.1204 and 1624 of 2023
28* RAMEESA,
MUKKANNAM MADAPPURAYIL HOUSE, KATTAMPALLY (PO),
KANNUR - 670562.
29* LEELA A.,
ALINGEEL HOUSE, ARAYAMBETH, CHIRAKKAL, P.O
CHIRAKKAL, KANNUR - 670011.
30* MUNEER M.,
MUNEER MANZIL, KATTMPALLI (PO), KANNUR - 62.
31* K.P. KUNJAPPU,
KARIMBUKKARA HOUSE, EDACHERY, (PO) PALLIKUNNU,
KANNUR - 670004.
32* SAINABA,
W/O P.P. MUHAMMAD, K.P. HOUSE, KUNNUMKARI,
CHIRAKKAL, P.O CHIRAKKAL, KANNUR - 670011.
33* KANIYARAKKAL BEEFATHU,
KANIYARAKKAL H, KANJIRATHARA, CHIRAKKAL, P.O
CHIRAKKAL, KANNUR - 670011.
34* KHADEEJA KANIYARAKKAL,
KHADEEJAS, ARAYAMBETH, CHIRAKKAL (PO), KANNUR -
670011.
35* PANNYAN VEENA,
D/O VIJAYAN, KOTTIYALI HOUSE, KUNNUMKAI,
CHIRAKKAL (PO), KANNUR - 670011.
36* CHEPPILAD GUSNA,
S/O N.K. SUBAIR, CHEPPILATT HOUSE, THANGAL
VAYAL, (PO) VALAPATTANAM, KANNUR - 670010.
37* SHERIN.C.,
S/O SUBAIR, CHEPPILATTU (H), THANGAL VAYAL,
VALAPATTANAM (PO), KANNUR - 670010.
38* MUKKANNAM CHERIYAPURAYIL HABEEB SAHEER,
S/O P.P. IBRAHIMKUTTY, M.V. HOUSE, KUNNUMKAI,
CHIRAKKAL (PO), KANNUR - 670011.
5
W.P.(C) Nos.1204 and 1624 of 2023
39* M.C. MUNEER,
S/O P.P. IBRAHIM KUTTY, M.C. HOUSE, KUNNUMKAI,
CHIRAKKAL(PO), KANNUR - 670011.
40* KODIYOTTUVALAPPIL SOUMINI,
KODIYOTTUVALAPPIL (H), AREYAMBETH, PUZHATHI
P.O., KANNUR - 670011.
41* SULAIKHA M.K.,
MUKKANNANKALATHIL HOUSE, KUNNUMKAI, CHIRAKKAL
(PO), KANNUR - 670011.
42* MARIYATH K.,
KURIKKALAKATH HOUSE, KOLATHUVAYAL,
ANCHAMPEEDIKA (PO), KANNUR - 670331.
43* M.K. ABDUL SATHAR,
SAFIYA MANZIL, PUTHIYATHERU, CHIRAKKAL (PO),
KANNUR - 670011.
44* REEJA SAJEEVAN,
AYSHA QUARTERS, KUNNUMKAI, CHIRAKKAL (PO),
KANNUR - 670011.
45* MUKKANNAM MAVILA KUNNUMMEL KHADEEJA,
M.M. HOUSE , KUNNUMKA, CHIRAKKAL (PO),
KANNUR - 670011.
46* HAVUMMA M M,
SHAJILA MANZIL, PUTHIYATHER, CHIRAKKAL (PO),
KANNUR - 670011.
47* M.M. AYISHA,
SHAJILA MANZIL, PUTHIYATHERU, CHIRAKKAL (PO),
KANNUR - 670011.
48* RAHIYANATH,
W/O P. SIDDIQUE, KURIKKALAKATH HOUSE, NR.
PUTHIYATHERU MANDAPAM, CHIRAKKAL (PO),
KANNUR - 670011.
6
W.P.(C) Nos.1204 and 1624 of 2023
49* SULIAKHA P.P.,
W/O ABDULRASHEED, SULAIKHA MANZIL,
PUTHIYATHERU, CHIRAKKAL (PO), KANNUR - 670011.
50* AMINABI K. ,
W/O V.K. MUHAMMED SHEREEF, KURIKKALAKATH HOUSE,
NR. PUTHIYATHERU MANDAPAM, CHIRAKKAL, CHIRAKKAL
(PO), KANNUR - 670011.
51* P.M. MUNEER,
S/O KADAVN IBRYENKUTTY (LATE), ALIFA, ,
POOTHAPARA, AZHIKODE SOUTH P.O.,
KANNUR - 670009.
52* REMAVATHY E.N.,
REMALAYAM, KANHIRATHARA, CHIRAKKAL (PO), KANNUR
- 670011.
53* MAIMUNATH K.P.,
K.P. HOUSE, KATAMPALLY P.D. KANNUR - 670562.
54* P.P. SULAIKHA,
W/O IBRAHIM, SULAIKHA MANZIL, ALOTTUVAYAL,
PUTHIYATHERU, CHIRAKKAL (PO), KANNUR - 670011.
55* SHAJI P.,
PUTHANPURAYIL, KOTTALI, KOTTALI P.O.,
KANNUR - 670005.
56* PALLIPURARATH PUNNAKKAL CHERIYA AVAMMA,
HAVVAS, PUTHIYATHERU, CHIRAKKAL (PO),
KANNUR - 670011.
57* PAZHAYAPURAYIL ABDU,
S/O BEEVI RAHMAN, NAZEEMA MANZIL, VARAM ROAD,
KANNADIPARAMBU P.O., KANNUR - 670064.
58* RAHMATH P.K.
KHADEEJA MANZIL, NEEROZHUKUMCHAL, CHIRAKKAL
(PO), KANNUR - 670011.
7
W.P.(C) Nos.1204 and 1624 of 2023
59* ASMABI P.K.
KHADEEJA MANZIL, NEEROZHUKUMCHAL, CHIRAKKAL
(PO), KANNUR - 670011.
60* SULAIKHA BEEBI,
M.C HOUSE, KUNNUMKAI, CHIRAKKAL (PO),
KANNUR - 670011.
61* ABDUL AZEEZ,
UMASLEER, AZHIKODAN ROAD, PALLIKUNNU P.O.,
KANNUR - 670004.
62* KALASAKKARAN SAJITH,
KOTTAYIL HOUSE, NR. PURACHERI VAYANASALA,
EZHILODE, PAYYANNUR, KANNUR - 670307.
63* PALLIPURATH PUNNAKKAL SHARAFUNISA,
SAFREENA MAZIL, ARAYAMBETH , CHIRAKKAL (PO),
KANNUR - 670011.
64* ASMA KANIYARAKKAL,
ASMA MANZIL, KUNNUMKAI, CHIRAKKAL (PO),
KANNUR - 670011.
65* GURUDATH,
NARYAN HOUSE, ARYAMBETH, CHIRAKKAL (PO),
KANNUR - 670011.
*ADDITIONAL RESPONDENTS 6 TO 65 ARE IMPLEADED
AS PER ORDER DATED 24.01.2023 IN IA NO.1/2023
IN WP(C) NO.1204/2023.
BY ADVS.
R1, R3, R4 BY SRI.S.RAJMOHAN, SR.GOVT.PLEADER
R2 BY E.C.KURIAKOSE
R2 BY LEJO JOSEPH GEORGE
R5 R.LAKSHMI NARAYAN,SC,MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 08.06.2023, ALONG WITH WP(C).1624/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
8
W.P.(C) Nos.1204 and 1624 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945
WP(C) NO. 1624 OF 2023
PETITIONERS:
SREE KALARIVATHUKKAL DEVASWOM,
REPRESENTED BY ITS EXECUTIVE OFFICER, CHIRAKAL
KOVILAKOM DEVASWOMS, P.O. CHIRAKKAL, KANNUR,
PIN - 670011.
BY ADVS.
MAHESH V RAMAKRISHNAN
PRAVEEN K.S.
RESPONDENTS:
1 THE COMPETENT AUTHORITY AND SPECIAL TAHSILDAR
LAND ACQUISITION (NH) UNIT II, CIVIL STATION,
KANNUR, PIN - 670002.
2 NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REPRESENTED BY ITS PROJECT DIRECTOR, PIU
PROJECT IMPLEMENTATION UNIT, BUILDING
NO.3460/WARD NO.46, ZAHIRA, NEAR DINESH
AUDITORIUM, CIVIL STATION P.O., KANNUR,
PIN - 670002.
3 DISTRICT COLLECTOR
KANNUR, CIVIL STATION, KANNUR, PIN - 670002.
4 STATE OF KERALA,
9
W.P.(C) Nos.1204 and 1624 of 2023
REPRESENTED BY ITS SECRETARY TO REVENUE
(DEVASWOM) DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
5 THE MALABAR DEVASWOM BOARD,
REP. BY ITS SECRETARY, HOUSEFED COMPLEX,
P.O.ERANHIPALAM, KOZHIKODE, PIN - 673006.
6* MOOLAYIL MOOSAN,
S/O MOIDU, ARIFA MANZIL, KANJIRATHARA, P.O
CHIRAKKAL, KANNUR - 670 011
7* SUHRA
D/O EBRAYAN, PALLIPRATH PUNNAKKAL, PUZHATHI,
CHIRAKKAL (PO), KANNUR -670011
8* PONNANKAI THAIKANDY ABDUL RAHMAN,
S/O MAHAMOOD M.M., HOUSE NR. KUNNUMKAI COLONY,
CHIRAKKAL(PO), KANNUR - 670011
9* K.P.MOIDEEN HAJI
M.P.P HOUSE, NARATH P.O., KANNUR - 670 562
10* KADAVAN KADEEJA,
D/O KUNHAMINA, KADAVAN HOUSE, PARAPPILVAYAL
KATTAMPALLY P.O., KANNUR - 670562
11* KANIYARAKKAL UMMER,
PARAPPIL HOUSE, KATTAMPALLY (PO),
KANNUR - 670 562.
12* M.P. SAREENA
SHAHIMAS, A.K.G. ROAD, KATTAMPALLY (PO),
KANNUR - 670562.
13* M.P. SAJITHA
SHAHIMAS, AKG ROAD, KATTAMPALLY (PO),
KANNUR -670562
14* KADAVAN USMAN
HAFSATH MANZIL, A.K.G. ROAD, PUTHIYATHERU P.O.
15* ABOOBACKER P.T
10
W.P.(C) Nos.1204 and 1624 of 2023
ARIFA MANZIL, KANJIRATHARA, P.O CHIRAKKAL,
KANNUR -670011
16* K.P. MOIDEEN HAJI,
KUNNUMKAI PUTHIYAPURAYIL, CHIRAKKAL, P.O
CHIRAKKAL, KANNUR - 670011
17* NASEEMA P.P.
PATTEMPARAMBIL HOUSE, KANNADIPARAMBA (PO),
KANNUR - 670604
18* PONNANKAI THAIKANDY ASMABI
MUKKILEPEEDIKA, P.O CHIRAKKAL, KANNUR - 670 011
19* PONNANKAI THAIKANDY SAFIYA
P.T. HOUSE, KANJIRATHARA (PO), P.O CHIRAKKAL,
KANNUR - 670011.
20* MUKKANNAM MAWNKEEL MAHAMOOD
S/O MOIDEENKUTTY KHADEEJAMANZIL, KANJIRATHARA,
P.O CHIRAKKAL, KANNUR - 670011
21* PONNANKAI THYKANDY SAIDATH SAIDAS
PADINJAREMOOTA, P.O CHIRAKKAL, KANNUR - 670011
22* P.T. ABDU RAHMAN,
S/O MAHAMMAD, M.M.M. HOUSE, KUNNUMKAI, P.O
CHIRAKKAL, KANNUR - . 670 011
23* C.K. DEVI
KULLANGARATH, POURNAMI, ONAPARAMBA, P.O
CHIRAKKAL, KANNUR - 670011.
24* KULANGARATH CHINNAN
SOUPARNIKA, ONAPARAMBA , P.O CHIRAKKAL, KANNUR-
670011.
25* K.P. ALI HAJI
KUNNUMKAI, PUTHIYAPURAYIL, P.O CHIRAKKAL,
KANNUR-670011.
26* P.T. RAHMATHBEEVI,
RAHMATH MANZIL, KOTTAKUNNU, KATTAMPALY (PO),
11
W.P.(C) Nos.1204 and 1624 of 2023
KANNUR .-670011
27* P.P. NASRI
PP HOUSE, THANSEERAS, ARAYAMBETH, P.O
CHIRAKKAL, KANNUR - 670011
28* PUNNAKKAL ABDULRAHIMAN
S/O ABDULLA M., ALA MAL, PUTHIYATHERU MANDAPAM,
P.O CHIRAKKAL, KANNUR.670011
29* JAMEELA P.P.
PUNNAKKAL PALLIPURATH,KUNNUKAI, P.O CHIRAKKAL,
KANNUR - 670011
30* SHAHIN PALLIKANDY SHAHNAS
THANA (PO), KANNUR . -670012.
31* ABDUL JALEEL HAJI
SHAMAHAL , PAPPINASSERY P.O., KANNUR. -670011
32* ABDUL SATHAR K.S
KAPPIKUNDU, AZEEKODE SOUTH P.O., KANNUR.
33* U.K. BALAN NAIR ,
P.K. HOUSE, PUZHATHY, P.O CHIRAKKAL, KANNUR.
34* K.V. BALACHANDRAN
VASANTHAM, NR.SOMESWARY TEMPLE, PUZHATHY, P.O
CHIRAKKAL, KANNUR - .670011
35* JADES CLUB SACHIN SOORYAKANTH
PURUSHOTHAM, GOKULDAS BUILDING, BANK ROAD,
KANNUR-670002
36* HARIS KANIYARAKKAL
SOFIKKANTAVIDA, K.S.HOUSE, KOTTAYIL,
VALAPATTANAM P.O., KANNUR-670010
37* P.P. IBRAHIMKUTTY,
BITHUL HIDAYA, ALAVIL P.O., KANNUR - 670008.
38* MUKANNAM MAVILA KUNNUMMAL KUNJAYISA
M.M.HOUSE, KUNNUMKAI, P.O CHIRAKKAL,
12
W.P.(C) Nos.1204 and 1624 of 2023
KANNUR - 670 011
39* THOLICHI KANDATHIL MUSTHAFFA,
T.K. HOUSE, AKKARAMMAL, NR. KESCO GODOWN, P.O
CHIRAKKAL, KANNUR-670011 KANNUR.-670011
40* KALASAKKARAN SAJITH
KOTTAYIL HOUSE, NR. PURACHERRY VAYANASALA,
EZHILODE PO, PAYYANNUR, KANNUR - 670307
41* ALLINKEEZHIL THANKAM
VIMAL, KATTAMPALLY ROAD, P.O CHIRAKKAL,
KANNUR-670011.
*ADDITIONAL R6 TO R41 ARE IMPLEADED AS PER
ORDER DATED 24.01.2023 IN I.A.1/2023 IN
WP(C)1624/2023)
BY ADVS.
R1, R3, R4 BY SRI.S.RAJMOHAN, SR.GOVT.PLEADER
R2 BY E.C.KURIAKOSE
R2 BY LEJO JOSEPH GEORGE
R5 BY R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 08.06.2023, ALONG WITH WP(C).1204/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
13
W.P.(C) Nos.1204 and 1624 of 2023
JUDGMENT
P.G. Ajithkumar, J.
W.P.(C) Nos.1204 of 2023 and 1624 of 2023:- Facts and
nature of dispute in both these Writ Petitions are similar and
hence these Writ Petitions are considered and disposed of this
common judgment.
2. W.P.(C) No.1204 of 2023:- An extent of 4.5002
hectares of land in Re-survey No.144/5 (new Survey
No.144/16) of Chirakkal Village was acquired for the
development of National Highway-66. The petitioner would
claim that major portion of the said property belongs to the
petitioner Devaswom, which is a controlled institution under
the Malabar Devaswom Board. Ext.P1 is the scheme under
which petitioner-Devaswom is administered. Ext.P2 is the
Adangal Extract, which according to the petitioner would show
that a major portion of the property under acquisition belongs
to the petitioner Devaswom. Ext.P3 is the reference letter
submitted by the Special Tahsildar (Competent Authority for
Land Acquisition-CALA) referring the acquisition matter to the
District Judge, Thalassery under Section 3H(4) of the National
W.P.(C) Nos.1204 and 1624 of 2023
Highways Act, 1956. The 1 st respondent-CALA stated in Ext.P3
that 39 persons submitted claims for compensation in respect
of parts of the acquired land under Section 3H(3). But none of
them submitted reliable documents to substantiate their
claim. Therefore, the award amount of Rs.14,08,16,996/- was
deposited in the District Court, Thalassery and referred the
matter for adjudication under Section 3H(4) of the N.H.Act.
2.1 Subsequently, 21 more persons submitted claims
before the 1st respondent, who also failed to produce
documents to substantiate their respective claims. Moreover,
the entire area under acquisition is waterlogged and no
individual sketch in respect of the said properties claimed by
each of the claimants could be prepared. Therefore a sketch
on the basis of survey subdivision alone was prepared. The
petitioner would contend that although it had submitted claim
before the 1st respondent vide Ext.P5, that claim was not
entertained. The petitioner also submitted request before the
District Collector, Kannur pointing out that major portion of
the acquired land belongs to it, but no steps were taken. In
W.P.(C) Nos.1204 and 1624 of 2023
such circumstances, the petitioner filed this Writ Petition
seeking a writ of mandamus commanding the 1st respondent
to consider Ext.P5 application.
2.2 The 1st respondent filed a counter affidavit wherein
the circumstances in which reference was made to the District
Court in the matter are explained. Paragraph No.3 to 5 of the
counter-affidavit read,-
"3. Since the above land to be acquired is a water
logged area, its boundary cannot be demarcated and is
lying in such a nature that its boundary cannot be fixed.
There is no physical boundary for individual properties
and also disputes are prevailing among land owner, the
individual mahazar cannot be prepared. Hence the
sketch and mahazar were prepared on survey
subdivision basis. Subsequently mahazar and sketch
were prepared in the name of the land owners
Smt.Thaikandy Safeena, Chinnan, Vijayaraghavan and
others. The petitioner, Kalarivathukkal Devaswoms is a
Jenmi to the property as per the Adangal Register
maintained in the Chirakkal Village. But no sufficient
documents are produced by the petitioner for proving
the title over the property. Hence an amount of
Rs.9,54,67,054.00 was deposited before the Hon'ble
Principal Civil Court, Thalassery and the matter was
W.P.(C) Nos.1204 and 1624 of 2023
referred to the District Court, Thalassery vide this office
Lr.No.LAC 7787 dated 16.09.2021 for proper
adjudication by invoking Section 3H(4) of NH Act 1956.
4. On the basis of the above reference made from
this office, an OP LA(NH) No.362/2021 case is pending
before the Hon'ble Additional District Court-II,
Thalassery. In considering the facts of the above case,
the Court appointed an Advocate Commissioner and
directed to file a report with regard to the measurement
and also to ascertain the extent of land acquired. But
the Commissioner has not filed any report so far. Since
a case is pending before the Hon'ble District Court,
Thalassery, only after the decision of the Court the
matter can be decided.
5. The petitioner, Kalarivathukkal Devaswoms is a
Jenmi to the property as per the Adangal Register
maintained in the Chirakkal Village office. The petitioner,
has filed a petition before this office for impleading
them in the party array. But no relevant documents are
produced by the petitioner for proving the fact that they
are involved in the matter. So the 1 st respondent could
not implead the petitioner as a party to the
proceedings. In the above case, the additional parties
also claimed and produced documents for proving their
right over the property. Hence additional parties entitled
to the compensation are also impleaded."
W.P.(C) Nos.1204 and 1624 of 2023
2.3 The statement was filed on behalf of the 2 nd
respondent in which the facts leading to reference of the land
acquisition case to the District Court, Thalassery are
explained. Paragraph Nos.3 and 4 of the statement read,-
"3. It is submitted that, as per SO. No 2752(E)
dated 08.12.2011 and S.O 72(E) dated 07.01.2013
the Ministry of Road Transport and Highway; Govt. of
India issued Notification under section 3A of NH Act
1956 wherein land comprised in various survey
numbers including an extent of 4.5002 hectares of
land in R.S. No. 144/5 (New Survey No. 144/16) of
Chirakkal Amsom Puzhathi Desom of Kannur Taluk in
Kannur District was sought to be acquired for the
purpose of four-lining of NH-17 (new 66) which was in
the possession of Sri Mouveri Mohanan,
P.M.Mohammed and Ayisha.K & Others and the
compensation determined by the 1s Respondent
herein u/s 3G(1) of the National Highways Act (NH
Act) is 14,08,16,996/-. However, the disbursement of
the compensation amount was deferred since
claimants/owner could not furnish documents proving
title over the acquired land. Subsequently, 41 others
have also come forward and claimed title over the
acquired property.
4. It is submitted that the said land is water
logged and therefore its boundary cannot be
W.P.(C) Nos.1204 and 1624 of 2023
demarcated and is lying in such a nature that its
boundary cannot be fixed. The Petitioner herein is a
Jenmi to the property as per the Adangal Register
maintained in the Chirakkal Village. However, no
sufficient documents are produced by the Petitioner
for proving the title over the property. Hence the
compensation amount determined u/s 3G(1) of NH
Act was deposited before the Hon'ble Principal Civil
Court, Thalassery as per 3H(4) of the NH Act and
thereafter, the matter was referred to the District
Court, Thalassery vide Office of the Special Tahsildar
LA (NH) Unit 2 Kannur Letter No. LAC 7785 dated
16.09.2021 for adjudication and consequently O.P LA
(NH) No. 367/2021 case has been filed on the files of
the Hon'ble Additional District Court II, Thalassery.
However, the said reference made by the 1 st
respondent herein u/s 3H(4) of the NH Act was
returned by the Hon'ble Additional District Court I-,
Thalassery by virtue of an Order requiring the 1 st
respondent to make a proper/fresh reference
furnishing details of all claimants in the party array.
However, since the claimants so far have not
produced sufficient documents to prove title, the 1 st
respondent is not in a position to initiate further steps
in the matter."
3. W.P.(C) No.1624 of 2023:- An extent of 2.9793
hectares of land in Re-survey No.13/1 (new Survey No.136/5)
W.P.(C) Nos.1204 and 1624 of 2023
of Chirakkal Village was acquired for the development of
National Highway-66. The petitioner would claim that major
portion of the said property belongs to the petitioner
Devaswom, which is a controlled institution under the Malabar
Devaswom Board. Ext.P1 is the scheme under which
petitioner-Devaswom is administered. Ext.P2 is the Adangal
Extract, which according to the petitioner would show that a
major portion of the property under acquisition belongs to the
petitioner Devaswom. Ext.P3 is the reference letter submitted
by the CALA referring the acquisition matter to the District
Judge, Thalassery under Section 3H(4) of the National
Highways Act, 1956. The 1 st respondent-CALA stated in Ext.P3
that 30 persons submitted claim for compensation in respect
of parts of the acquired land under Section 3H(3). But none of
them submitted reliable documents to substantiate their
claim. Therefore, the award amount of Rs.9,54,67,054/- was
deposited in the District Court, Thalassery and referred the
matter for adjudication under Section 3H(4) of the N.H.Act.
3.1. Subsequently, 6 more persons submitted claims
W.P.(C) Nos.1204 and 1624 of 2023
before the 1st respondent, who also failed to produce
documents to substantiate their respective claims. Moreover,
the entire area under acquisition is waterlogged and no
individual sketch in respect of the said properties claimed by
each of the claimants could be prepared. Therefore a sketch
on the basis of survey subdivision alone was prepared. The
petitioner submitted a claim before the 1st respondent as per
Ext.P5, but that claim was not entertained. The petitioner also
submitted request before the District Collector, Kannur
pointing out that major portion of the acquired land belongs
to it, but no steps were taken. In such circumstances, the
petitioner filed this Writ Petition seeking a writ of mandamus
commanding the 1st respondent to consider Ext.P5 application.
3.2 A statement was filed on behalf of the 2nd
respondent in which the facts leading to reference of the land
acquisition case to the District Court, Thalassery are
explained. Paragraph Nos.3 and 4 of the statement read,-
"3. It is submitted that, as per SO. No 2752(E) dated
08.12.2011 and S.O 72(E) dated 07.01.2013 the
Ministry of Road Transport and Highway, Govt. of India
W.P.(C) Nos.1204 and 1624 of 2023
issued Notification under section 3A of NH Act 1956
wherein land comprised in various survey numbers
including an extent of 2.9793 hectares of land in R.S.
No. 136/1 (New Survey No. 136/5) of Chirakkal Amsom
Puzhathi Desom of Kannur Taluk in Kannur District was
sought to be acquired for the purpose of four-laning of
NH-17 (new 66) which was in the possession of Smt.
Thaikkandy Safeena and the compensation determined
by the 1st Respondent herein u/s 3G(1) of the National
Highways Act (NH Act) is Rs.9,54,67,054/-. However,
the disbursement of the compensation amount was
deferred since claimants/owner could not furnish
documents proving title over the acquired land.
Subsequently, 30 others have also come forward and
claimed title over the acquired property.
4. It is submitted that the said land is water logged
and therefore its boundary cannot be demarcated and is
lying in such a nature that its boundary cannot be fixed.
The Petitioner herein is a Jenmi to the property as per
the Adangal Register maintained in the Chirakkal Village.
However, necessary documents are not produced by the
Petitioner for proving title over the property. Hence the
compensation amount determined u/s 3G(1) of NH Act
was deposited before the Hon'ble Principal Civil Court,
Thalassery as per 3H(4) of the NH Act and thereafter,
the matter was referred to the District Court, Thalassery
vide Office of the Special Tahsildar LA (NH) Unit 2
W.P.(C) Nos.1204 and 1624 of 2023
Kannur Letter No. LAC 7787 dated 16.09.2021 for
adjudication and consequently O.P LA (NH) No.
362/2021 case has been filed on the files of the Hon'ble
Additional District Court-II, Thalassery. Considering the
facts in the case, the Court was pleased to appoint an
Advocate Commissioner directing the said Commissioner
to file a report with respect to the measurements and to
ascertain the extent of land acquired. However, the
Commissioner is yet to file report. Therefore, the matter
can be decided by the 1st respondent only subsequent to
the decision of the Court below."
4. Heard the learned counsel for the petitioner, the
learned Senior Government Pleader, the learned Standing
Counsel for the 2nd respondent and the Malabar Devaswom
Board.
5. When these Writ Petitions were filed the persons
who claimed right in the acquired land, and whose names
were added as claimants in the reference letter, Exts.P3 and
P4, were not made parties to these Writ Petitions. They were,
however, subsequently impleaded and the petition was
amended appropriately. Considering the nature of relief
proposed to be granted, service of notice on the party
respondents is dispensed with.
W.P.(C) Nos.1204 and 1624 of 2023
6. From the counter-affidavit filed by the 1st
respondent and the statement submitted by the 2 nd
respondent, it is evident that the petitioners staked claim of
title to the acquired land and submitted application to pay it
compensation. That claim was stated declined for the reason
that the Adangal Register, Ext.P1, although shows the
petitioner to be the Jemni of the property, no other document
for proving its title or possession was produced. The learned
counsel appearing for the petitioner would submit that being
Devaswom, no further document would normally be available
to prove its title or possession of the property. When the party
respondents, who staked claim also failed to produce
documents of title or possession, according to the learned
counsel for the petitioner, the 1 st respondent should have
referred the claim of the petitioner also for adjudication.
7. This Court in Sreeja v. Union of India and
others [2022 (6) KLT 180] held as follows:-
"9. Going by the provisions in sub-section (1) of
Section 3-C of the Act, if any landowner has an
objection to the acquisition, he shall submit it within
W.P.(C) Nos.1204 and 1624 of 2023
21 days from the date of publication of the notification
under Section 3-A of the Act. The competent authority
has to publish its declaration of acquisition as provided
under Section 3-D of the Act, once a decision on
objections is taken. The competent authority is
expected thereafter to quantify the compensation
following the procedure provided in Section 3-G of the
Act. Section 3-G(3) of the Act mandates that before
proceeding to determine the amount of compensation,
the competent authority shall give a public notice
published in two local newspapers, one of which will
be in a vernacular language inviting claims from all
persons interested in the land to be acquired. Section
3-G(4) of the Act stipulates that such notice shall state
the particulars of the land and shall require all persons
interested in such land to appear in person or by an
agent or by a legal practitioner before the competent
authority, at a time and place, and to state the nature
of their respective interest in such land.
10. The procedure for payment of compensation is
provided in Section 3-H of the Act. Section 3-H reads,-
"3-H. Deposit and payment of amount.-- (1) The
amount determined under Section 3-G shall be
deposited by the Central Government in such
manner as may be laid down by rules made in this
behalf by that Government, with the competent
authority before taking possession of the land.
(2) As soon as may be after the amount has been
deposited under sub-section (1), the competent
authority shall on behalf of the Central Government
W.P.(C) Nos.1204 and 1624 of 2023
pay the amount to the person or persons entitled
thereto.
(3) Where several persons claim to be interested in
the amount deposited under sub-section (1), the
competent authority shall determine the persons
who in its opinion are entitled to receive the
amount payable to each of them.
(4) If any dispute arises as to the apportionment of
the amount or any part thereof or to any person to
whom the same or any part thereof is payable, the
competent authority shall refer the dispute to the
decision of the principal civil court of original
jurisdiction within the limits of whose jurisdiction
the land is situated.
(5) Where the amount determined under section
3G by the arbitrator is in excess of the amount
determined by the competent authority, the
arbitrator may award interest at nine per cent. per
annum on such excess amount from the date of
taking possession under Section 3-D till the date of
the actual deposit thereof.
(6) Where the amount determined by the arbitrator
is in excess of the amount determined by the
competent authority, the excess amount together
with interest, if any, awarded under sub-section (5)
shall be deposited by the Central Government in
such manner as may be laid down by rules made in
this behalf by that Government, with the
competent authority and the provisions of sub-
sections (2) to (4) shall apply to such deposit."
Rule 4 of the National Highways (Manner of depositing
the amount by the Central Government; Making
requisite funds available to the competent authority for
acquisition of land) Rules, 2019, reads,-
"4. Where the amount deposited earlier by the
executing agency into the account of the
competent authority has remained undisbursed, or
where the authorisation limit for an account has
W.P.(C) Nos.1204 and 1624 of 2023
been issued in favour of the competent authority
for disbursement purposes but certain amounts
remain undisbursed, due to disputes which are
referable to the principal civil court of original
jurisdiction for resolution in terms of sub-section
(4) of section 3-H of the National Highways Act,
1956, the competent authority shall, while
forwarding such references to the Court, cause
such undisbursed amounts to be deposited with
the principal Court of civil jurisdiction to whom any
such disputes are referable, for payment to
entitled persons as and when the said disputes are
resolved, or the absentee title-holders submit their
claims, as the case may be, such amounts
deposited with the principal court of civil
jurisdiction shall, for all purposes, be deemed as
payment made to entitled persons under sub-
section (2) of section 3-H of the Act."
11. If rival claims are received, the competent
authority (CALA) should look into it as provided in sub-
section (3) of Section 3-H and find out who is the person
really entitled to get the compensation. If the question
relates to the title and the competent authority is unable
on the basis of the materials before it to decide the
entitlement to get compensation, the only option for him
is to refer the parties under sub-section (4) of Section 3-
H of the Act to the Principal Civil Court of Original
Jurisdiction after following the procedure for deposit as in
Rule 4 in the National Highways (Manner of depositing
the amount by the Central Government; Making requisite
funds available to the competent authority for acquisition
of land) Rules."
W.P.(C) Nos.1204 and 1624 of 2023
8. This Court in Vallikunnil Janaki Amma and
others v. Sree Amrithamangalam Kshethram Moorti,
Kozhikode and another [2014 (1) KHC 57] held that
though the entries in Settlement Register or Patta granted are
not by themselves document of title, in the absence of any
other document showing better title, the entries in the
Settlement Register can be relied upon to uphold the title. So
the Adangal Register/Settlement Register of the properties to
be treated as the documents of title for the petitioner
Devaswom and the same is binding on the authorities.
9. The learned counsel for the petitioner also placed
reliance on the decision of the Full Bench of this Court in
Kochu Ouseph v. Joseph and others [1976 KLT 512]. In
that decision it was held that the position will be different
where the plaintiff does not admit the defendant to be tenant
of his and sues as a proprietor to recover the land and the
defendant sets up a tenancy right under the plaintiff. In such
a case, the plaintiff has not to prove anything, because the
admitted paramount title carried with it a presumption that
W.P.(C) Nos.1204 and 1624 of 2023
the plaintiff is entitled to hold and possess the land and
therefore the person seeking to defeat that right and
claiming to hold under him must establish the right so
asserted by him.
10. When the party respondents as well as the
petitioner failed to produce documents to substantiate their
respective claims clinchingly, Ext.P2 Adangal Extract on which
the petitioner places reliance to prove its title assumes
importance in the light of the law laid down in the aforesaid
decisions. The 1st respondent ought to have considered Ext.P5
representation in the respective Writ Petitions in the light of
the above-mentioned position of law. As per Ext.P5 the 1 st
respondent addressed the District Judge, Thalassery
requesting to add additional claimants. Therefore, in case the
1st respondent finds that the petitioner also is to be added as
a party, there cannot be any procedural wrangles.
In such circumstances, these Writ Petitions are disposed
of directing the 1st respondent to consider Exts.P5
representation in the respective Writ Petition in the light of the
W.P.(C) Nos.1204 and 1624 of 2023
observations made above, as expeditiously as possible, at any
rate within a period of one month from the date of production
of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
W.P.(C) Nos.1204 and 1624 of 2023
APPENDIX OF WP(C) 1624/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SCHEME OF
ADMINISTRATION OF THE CHIRACKAL
KOVILAKAM DEVASWAMS DATED 29-05-1972.
Exhibit P2 TRUE COPY OF THE ADANGAL EXTRACT DATED
12-10-2022 ISSUED BY THE VILLAGE
OFFICER, CHIRACKAL.
Exhibit P3 TRUE COPY OF THE LETTER NO.7787 DATED
16-09-2021 ISSUED TO THE DISTRICT
COURT, THALASSERY.
Exhibit P4 TRUE COPY OF THE LETTER NO.7787 DATED
22-11-2021 ISSUED TO THE DISTRICT
COURT, THALASSERY.
Exhibit P5 TRUE COPY OF THE LETTER DATED 05-12-
2022 SUBMITTED BY THE PETITIONER
Exhibit P6 TRUE COPY OF THE LETTER DATED 05-12-
2022 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT NO. 3.
W.P.(C) Nos.1204 and 1624 of 2023
APPENDIX OF WP(C) 1204/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SCHEME OF
ADMINISTRATION OF THE CHIRACKAL
KOVILAKAM DEVASWAMS DATED 29-05-1972.
Exhibit P2 TRUE COPY OF THE ADANGAL EXTRACT DATED
12-10-2022 ISSUED BY THE VILLAGE
OFFICER, CHIRACKAL.
Exhibit P3 TRUE COPY OF THE LETTER NO.7785 DATED
16-09-2021 ISSUED TO THE DISTRICT
COURT, THALASSERY.
Exhibit P4 TRUE COPY OF THE LETTER NO.7785 DATED
22-11-2021 ISSUED TO THE DISTRICT
COURT, THALASSERY.
Exhibit P5 TRUE COPIES OF THE LETTERS DATED 05-
12-2022 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENTS 1.
Exhibit P6 TRUE COPIES OF THE LETTERS DATED 05-
12-2022 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT NO. 3.
