Saralamma vs National Highway Authority Of ...
2023 Latest Caselaw 6402 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 30580 OF 2022
PETITIONER/S:

          SARALAMMA,
          AGED 65 YEARS
          W/O. GIREESHAN P.V., ATHIRA, VAZHICHERI, KALLAN ROAD,
          ALAPPUZHA-688001.
          BY ADV JAMES ABRAHAM (VILAYAKATTU)


RESPONDENT/S:

    1     NATIONAL HIGHWAY AUTHORITY OF INDIA,
          G5 & 6 SECTION-10, DWARAKA, NEW DELHI-110075,
          REPRESENTED BY THE PROJECT DIRECTOR, PROJECT
          IMPLIMENTATION UNIT, NHAI, NO. 36/414(3), NEAR NSS
          HIGHER SECONDARY SCHOOL, PALKULANGARA,
          THIRUVANANTHAPURAM-695008.
    2     THE SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY,
          LAND ACQUISITION (NATIONAL HIGHWAYS), NH-66, CIVIL
          STATION, ALAPPUZHA-698001.
    3     THE SPECIAL TAHSILDAR, (LAND ACQUISITION),
          (NATIONAL HIGHWAYS), NH-66, CHERTHALA, ALAPPUZHA-
          688539.
    4     THE TAHSILDAR (LAND RECORDS),
          TALUK OFFICE, CHERTHALA TALUK, POLICE STATION ROAD,
          NEAR MINI CIVIL STATION, CHERTHALA, ALAPPUZHA DISTRICT-
          688524.
    5     THE VILLAGE OFFICER, MARARIKULAM NORTH VILLAGE OFFICE,
          MARARIKULAM NORTH P.O., ALAPPUZHA DISTRICT-688523.
    6     TALUK SURVEYOR,
          TALUK OFFICE, CHERTHALA TALUK, POLICE STATION ROAD,
          NEAR MINI CIVIL STATION, CHERTHALA, ALAPPUZHA DISTRICT-
          688524.



          SMT. DEEPA V (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30580 OF 2022              2



                               JUDGMENT

Petitioner claims to be the absolute owner in possession

of 46 cents (18.61 Ares) of land in old Survey No.50/4/1 of

Mararikulam North village, Cherthala Taluk by virtue of

Ext.P1 deed. It is the case of the petitioner that, after

resurvey was conducted in Cherthala Taluk in the year 2003,

the property of the petitioner was assigned Re.Sy. No.680/12

of Mararikulam North Village, Cherthala Taluk . However, the

extent of land was reduced to 16 Ares, instead of 18.61 Ares.

2. Learned counsel appearing for the petitioner

submits that the reduced extent was shown as part of land

included in Re.Sy. No.287 of Kanjikuzhy village, by mistake.

Learned counsel also submits that Exts.P16 and P17 reports

and Ext.P18 sketch will establish beyond doubt that the

reduction in the extent of land possessed by the petitioner was

a mistake. It is the case of the petitioner that though the

petitioner had filed complaints before various authorities,

including District Collector, as early as on 16.12.2017, no

action has been taken by the authorities to correct the

mistake.

3. Learned Government Pleader, on instructions,

would submit that the 4th respondent can be directed to

conduct a fresh survey with notice to the petitioner and it is

submitted that, any documents that may be produced by the

petitioner, including Exts.P16, P17 and P18 can be taken note

of by the 4th respondent while completing the said survey.

4. Having heard the learned counsel appearing for the

petitioner and the learned Government pleader appearing for

the official respondents, I am of the view that the writ petition

can be disposed of, directing the the 4 th respondent to conduct

a fresh survey with notice to the petitioner and after taking

note of any of the documents, that may be produced before

the 4th respondent by the petitioner, including Exts.P16 to

P18. The complaint of the petitioner can only be resolved in

such a manner.

Therefore, the writ petition will stand disposed of

directing the 4th respondent to conduct a fresh survey in

respect of the property obtained by the petitioner through

Ext.P1 deed and to consider whether the reduction in extent,

following resurvey, was on account of any mistake that

occurred earlier while conducting the resurvey and if so, to

rectify such mistake, after considering any of the documents

that may be produced by the petitioner, including Exts.P16 to

P18 . The 4th respondent shall do the needful, within a period

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

this judgment.

The petitioner shall mark appearance before the 4 th

respondent at 11.00 A.M on 21.06.2023 along with a copy of

this writ petition, copy of this judgment and copy of any of the

documents, that she may wish to rely on, and thereafter, the

4th respondent shall take necessary action as directed, in

accordance with the law. The interim order dated 27.09.2022

will continue till survey is completed by the 4 th respondent, as

directed above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 30580/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1220/97 OF MARARIKULAM SRO.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 15.7.2000.

Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 5TH RESPONDENT STATING THAT THE PETITIONER IS IN THE POSSESSION OF PROPERTY HAVING AN EXTENT OF 18.62 ARES IN TANDAPER NO. 16653 OF MARARIKULAM VILLAGE.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 26.7.2004 SUBMITTED BEFORE THE SUPERINTENDENT OF RE-SURVEY, CHERTHALA.

Exhibit P5 TRUE COPY OF THE REPORT DATED 15.4.2005 OF THE 5TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE LETTER DATED 18.4.2013 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE LETTER DATED 23.4.2013 ISSUED BY THE SPECIAL TAHSILDAR, (LA) (NH), KOLLAM TO THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE LETTER DATED 30.4.2013 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 21.3.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE RECEIPT DATED 22.3.2018 ISSUED BY THE 2ND RESPONDENT.

Exhibit P11 TRUE COPY OF THE NOTICE DATED 24.1.2020 ISSUED BY THE SURVEYOR UNDER 4TH RESPONDENT. Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 18.2.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF THE SKETCH PREPARED BY AN APPROVED SURVEYOR AS PER OLD SURVEY. Exhibit P14 TRUE COPY OF THE SKETCH PREPARED BY AN APPROVED SURVEYOR AS PER RE-SURVEY. Exhibit P15 TRUE COPY OF THE SANCTIONED SKETCH PUBLISHED BY THE 3RD RESPONDENT WITH RESPECT TO THE ACQUISITION OF PETITIONER'S PROPERTY.

Exhibit P16 TRUE COPY OF THE REPORT DATED 30.7.2013.

Exhibit P17          TRUE COPY OF THE REPORT DATED NIL PREPARED BY
                     THE TALUK SURVEYOR
Exhibit P18          TRUE COPY OF THE SKETCH.
Exhibit P19          TRUE COPY OF THE REPRESENTATION DATED

16.2.2017 SUBMITTED BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA