Job Manavalan vs State Of Kerala
2023 Latest Caselaw 2727 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

              WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944

                               WP(C) NO. 5713 OF 2023

PETITIONER:

               JOB MANAVALAN
               AGED 67 YEARS
               S/O. M.P VARGHESE, MANAVALAN HOUSE, VALIYA KADAMAKKUDY, PIZHALA
               P.O, KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT., PIN - 682027
               BY ADVS.
               GEORGE SEBASTIAN
               ARUN LUCKOSE ABRAHAM


RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF REVENUE,
               SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001
     2         THE DISTRICT COLLECTOR
               COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM., PIN - 682030
     3         THE SPECIAL TAHASILDAR (LA)
               O/O. THE SPECIAL TAHASILDAR (LA), NATIONAL HIGHWAY NO. 3, VYTILA,
               ERNAKKULAM, PIN - 682019
     4         THE VILLAGE OFFICER
               VILLAGE OFFICE, KADAMAKKUDY VILLAGE, ERNAKULAM., PIN - 682027
     5         THE TAHSILDAR, (LAND RECORDS)
               KANAYANOOR TALUK, ERNAKULAM, PIN - 682313
     6         THE GOSHREE ISLANDS DEVELOPMENT AUTHORITY (GIDA)
               GIDA BUILDING, NO. 49/965 - C, GIDA ROAD, PACHALAM, ERNAKULAM.
               REPRESENTED BY ITS SECRETARY, PIN - 682012
               BY ADV Varghese K Paul


OTHER PRESENT:

               SRI. VARGHESE K PAUL (SC), SMT. C S SHEEJA (SR GP)



    THIS WRIT PETITION (CIVIL) HAVING COME UP                                FOR
ADMISSION ON 01.03.2023, THE COURT ON THE SAME                               DAY
DELIVERED THE FOLLOWING:
 W.P. (C) No.5713   of 2023
                                   ..2..




                             JUDGMENT

The petitioner has approached this court being aggrieved by

the fact that an extent of about one cent of property belonging to

the petitioner has not been factored in fixing the extent of land

acquired from the petitioner for the purpose of construction of

the Valiyakadamakkudy - Chathanad bride and its approach road.

According to the petitioner, the petitioner has been awarded

compensation only for a total of 9.10 ares of land which is

excluding the one-cent of the land, mentioned in the Writ

Petition.

2. It is the case of the official respondents that the petitioner

that the one cent of land over which the petitioner claims that he

is entitled to compensation is actually not part of the property

belonging to the petitioner and the same is a puramboke land

lying as 'Bhoosthithi Vazhy' in the revenue records. It is

submitted that since the land is not recorded as land belonging to W.P. (C) No.5713 of 2023 ..3..

the petitioner, the petitioner cannot have any claim for

compensation in respect of the said land. It is also pointed out

that an application for reference under Section 64 of the Right to

Fair Compensation and Transparency in Land Acquisition,

Rehabilitation, and Resettlement Act, 2013 (for short, "the 2013

Act") is before the 2nd/3rd respondents and once the issue is

referred for adjudication of the competent court, it is for the

petitioner to raise the dispute projected in this Writ Petition

before the competent court.

3. The learned Government Pleader also points out that the

claim of the petitioner that he is in ownership and possession of

the area marked as 'Bhoosthithi vazhy' was considered and orders

are passed (Ext.P11) where it was found that the petitioner has no

claim over the said land. It is also submitted that though Ext.P11

order was communicated to the petitioner, the petitioner has not

chosen to challenge the proceedings in any manner. W.P. (C) No.5713 of 2023 ..4..

4. Having heard the learned counsel appearing for the

petitioner, the learned Senior Government Pleader appearing for

the official respondents, and the learned Standing Counsel

appearing for the 6th respondent, I am of the opinion that the

question as to whether that a larger extent of land than the extent

for which the petitioner has been paid compensation has been

acquired from the petitioner is also a matter that can be decided

by the competent court once a reference is made as contemplated

by Section 64 of the 2013 Act. Since the issue involves a

disputed question of fact, it will not be appropriate or convenient

for this court to adjudicate that issue in proceedings under Article

226 of the Constitution of India.

5. Therefore, this Writ Petition is disposed of permitting the

petitioner to raise any dispute, including the dispute that a larger

extent of land than the extent for which the petitioner has been

paid compensation has actually been acquired from him in W.P. (C) No.5713 of 2023 ..5..

proceedings before the competent court on a reference being

made under Section 64 of the 2013 Act. If a specific plea has not

already been raised in the application for reference, it will be

open to the petitioner to bring up the issue before the competent

court through appropriate pleadings.

The Writ Petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) No.5713 of 2023 ..6..

APPENDIX OF WP(C) 5713/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 08.04.2022 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE AWARD PASSED BY THE 3RD RESPONDENT DATED 19.03.2022 Exhibit P3 A TRUE COPY OF THE AWARD NOTICE DATED 19.03.2022 Exhibit P4 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE PETITIONER'S PROPERTY Exhibit P5 A TRUE COPY OF THE RELEVANT EXTRACT OF THE GAZETTE NOTIFICATION ISSUED BY THE 1ST RESPONDENT Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 12.08.2021 FILED BEFORE THE 3RD RESPONDENT Exhibit P7 A TRUE COPY OF THE NOTICE DATED 10.02.2022 ISSUED UNDER SECTION 21 (2) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 06.04.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE LETTER DATED 08.04.2022 BEARING NO. GIDA/1286/2013 VOL. VI ISSUED BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT Exhibit P10 A TRUE COPY OF THE STATEMENT FILED BY THE 3RD RESPONDENT IN WP(C) 28285/2022 Exhibit P11 A TRUE COPY OF THE ORDER DATED 17.09.2021 PASSED BY THE 3RD RESPONDENT Exhibit P12 A TRUE COPY OF THE REPRESENTATION DATED 09.02.2023 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT Exhibit P13 A TRUE COPY OF THE REPRESENTATION DATED 16.12.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P14 A TRUE COPY OF THE ORDER DATED 03.01.2023 PASSED BY THE 6TH RESPONDENT

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE