T.G.Pappen vs State Of Kerala
2023 Latest Caselaw 2903 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                       WP(C) NO. 13800 OF 2020
PETITIONERS:

    1     T.G.PAPPEN
          AGED 87 YEARS, S/O.GEEVARGHESE EAPEN, THOTTATHIL HOUSE,
          KUMBAZHA P.O., PATHANAMTHITTA - 689653.

    2     AJITH T.RAJAN
          AGED 37 YEARS, S/O.RAJAN T.GEEVARGHESE, THOTTATHIL
          HOUSE, KUMBAZHA P.O., PATHANAMTHITTA -689 653.

    3     RAJAN T.GEEVARGHESE
          AGED 65 YEARS, S/O.GEEVARGHESE EAPEN, THOTTATHIL HOUSE,
          KUMBAZHA P.O., PATHANAMTHITTA -689 653.

    4     MANOJ VARGHESE T.
          AGED 54 YEARS, S/O.T.G.PAPPEN, THOTTATHIL HOUSE,
          KUMBAZHA P.O., PATHANAMTHITTA -689 653.

    5     ROSAMMA
          AGED 65 YEARS, W/O.PHILIP, MELEMANNIL, KUMBAZHA P.O.,
          PATHANAMTHITTA - 689 653.

    6     ADV.THOMAS G.MARUTHATHU
          AGED 48 YEARS, S/O.LATE GEORGE M.THOMAS, MARUTHETHU
          HOUSE, KUMBAZHA P.O., PATHANAMTHITTA -689653.

    7     P.J.PATHROSE
          AGED 64 YEARS,
          S/O.IDICULA, PALAPPALIL HOUSE, KUMBAZHA P.O.,
          PATHANAMTHITTA -689653.

    8     P.I.JACOB
          AGED 67 YEARS, S/O.IDICULA, PALAPPALIL HOUSE, KUMBAZHA
          P.O., PATHANAMTHITTA - 689 653.

    9     THOMAS GEORGE
          AGED 79 YEARS, KOCHUVILAYIL, KUMBAZHA P.O.,
          PATHANAMTHITTA -689 653.

    10    RAHELAMMA
          AGED 72 YEARS
 W.P (C) No.13800/2020                -2-

              KOCHUVILAYIL, KUMBAZHA P.O., PATHANAMTHITTA - 689653.

     11       K. V. THANKAMMA ( SOUGHT TO BE IMPLEADED )
              W/OT.G PAPPEN, THOTTATHIL HOUSE, KUMBAZHA P.O.,
              PATHANAMTHITTA ( SOUGHT TO BE IMPLEADED )

     12       MEENA ELIZABETH VARGHESE ( SOUGHT TO BE IMPLEADED )
              D/O T.G PAPPEN, THOTTATHIL HOUSE, KUMBAZHA P.O.,
              PATHANAMTHITTA ( SOUGHT TO BE IMPLEADED )

              BY ADVS.
              K.SHAJ
              SRI.RENJIT GEORGE
              SRI.C.IJLAL
              SRI.ARUN CHAND
              SRI.JOSEPH MARY DAS
              SHRI.THAREEQ ANVER
              KUM.K.SALMA JENNATH
              SHRI.JAI GOVIND M.J.
              SHRI.JOSSY S. KATTUR


RESPONDENTS:

      1       STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM -695001.

      2       THE SPECIAL TAHSILDAR
              L.A.(N.H.), RANNI, PATHANAMTHITTA DISTRICT - 689 672.

      3       THE EXECUTIVE ENGINEER
              PUBLIC WORKS DEPARTMENT (KERALA STATE TRANSPORT PROJECT
              DIVISION), PONKUNNAM, KANJIRAPPALLY - 686 506.


OTHER PRESENT:

              SRI. BIMAL K NATH (SR GP)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.13800/2020                          -3-

                                     JUDGMENT

This writ petition has been filed alleging that certain properties belonging to

the petitioners are being taken over for the purpose of widening the Punalur-

Muvattupuzha Road without notifying the properties for acquisition and without

following any procedure as contemplated under the provisions of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (hereinafter referred to as 'the Act' for short). The

petitioners have therefore approached this court seeking the following reliefs:-

"(A) to issue a writ of mandamus or any other appropriate writ order or direction directing the respondents not to deprive the petitioners of thier properties otherwise than by due process of law and to not trespass into their properties.

(B) to issue a writ of mandamus or any other appropriate writ order or direction directing the respondents that if they are in need of any portion of the property belonging to the petitioners, they may acquire the properties of the petitioners or any portion thereof by taking recourse to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013)."

2. The learned counsel for the petitioners would submit that the

petitioners 2 and 3 are not interested in prosecuting the writ petition and the writ

petition may be treated as withdrawn in so far as those petitioners are concerned.

3. The learned Senior Government Pleader on instructions would submit

that this writ petition itself can be closed as no properties belonging to any of the

petitioners is proposed to be acquired, at present.

4. Having heard the learned counsel appearing for the petitioners and the

learned Government Pleader appearing for the respondents, this writ petition is

closed recording the submission of the learned Senior Government Pleader

appearing for the respondents that none of the properties belonging to any of the

petitioners in the writ petition are proposed to be acquired, at present.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF WP(C) 13800/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT NO.933699 DATED 20/05/2019 ISSUED BY THE VILLAGE OFFICE, PATHANAMTHITTA TO THE FIRST PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT NO.957687 DATED 29/05/2019 ISSUED BY THE VILLAGE OFFICE, PATHANAMTHITTA TO THE SECOND PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT NO.957689 DATED 29/05/2019 ISSUED BY THE VILLAGE OFFICE, PATHANAMTHITTA TO THE THIRD PETITIONER.

EXHIBIT P4 THE TRUE COPY OF THE TAX RECEIPT NO.933698 DATED 20/06/2019 ISSUED BY THE VILLAGE OFFICE, PATHANAMTHITTA TO THE FOURTH PETITIONER.

EXHIBIT P5 THE TRUE COPY OF THE TAX RECEIPT NO.1021450 DATED 20/05/2020 ISSUED BY THE VILLAGE OFFICE, PATHANAMTHITTA TO THE FIFTH PETITIONER.

EXHIBIT P6 THE TRUE COPY OF THE TAX RECEIPT NO.14916 DATED 03/02/2016 ISSUED BY THE VILLAGE OFFICE, PATHANAMTHITTA TO THE SIXTY PETITIONER.

EXHIBIT P7 THE TRUE COPY OF THE TAX RECEIPT NO.096401 DATED 12/05/2020 ISSUED BY THE VILLAGE OFFICE, PATHANAMTHITTA TO THE SEVENTH PETITIONER.

EXHIBIT P8 THE TRUE COPY OF THE TAX RECEIPT NO.844003 DATED 23/07/2018 ISSUED BY THE VILLAGE OFFICE, PATHANAMTHITTA TO THE EIGHTH PETITIONER.

EXHIBIT P9 THE TRUE COPY OF THE TAX RECEIPT NO.821171 DATED 28/02/2020 ISSUED BY THE VILLAGE OFFICE, PATHANAMTHITTA TO THE NINTH AND TENTH PETITIONERS.

EXHIBIT P10 THE TRUE COPY OF THE APPLICATION PREFERRED BY THE SIXTY PETITIONER TO THE THIRD RESPONDENT.

EXHIBIT P11 THE TRUE COPY OF THE ACKNOWLEDGMENT CARDS RECEIVED BY THE PETITIONERS ENDORSING THE RECEIPT OF THE APPLICATIONS TO THE SECOND AND THIRD RESPONDENTS.

EXHIBIT P12 THE TRUE COPY OF THE REPLY LETTER SENT BY THE OFFICE OF THE KERALA PUBLIC WORKS DEPARTMENT TO THE SIXTH PETITIONER.