Thressia Antony vs State Of Kerala
2023 Latest Caselaw 10829 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                      WP(C) NO.10138 OF 2023
PETITIONER:

            THRESSIA ANTONY, AGED 88 YEARS, W/O.LATE ANTONY,
            PAZHANILATH VEEDU, EDAYAKUNNAM, CHERANALLOOR
            VILLAGE, SOUTH CHITTOOR P.O, ERNAKULAM, PIN- 682027
            BY ADV.S.SUJINI


RESPONDENTS:

    1       STATE OF KERALA REPRESENTED BY SECRETARY TO LOCAL
            SELF GOVERNMENT DEPARTMENT, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2       THE DISTRICT COLLECTOR, FIRST FLOOR,
            CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
    3       DEPUTY DIRECTOR OF PANCHAYAT, FIRST FLOOR, CIVIL
            STATION, KAKKANAD, ERNAKULAM, PIN - 682030
    4       CHERANALLOOR GRAMA PANCHAYAT
            REPRESENTED BY THE SECRETARY, SOUTH CHITTOOR P.O,
            ERNAKULAM, PIN - 682027
    5       THE SECRETARY, CHERANALLOOR GRAMA PANCHAYAT
            SOUTH CHITTOOR P.O, ERNAKULAM, PIN - 682027
    6       THE TALUK SURVEYOR
            KANAYANOOR TALUK, ERNAKULAM, PIN - 682018
    7       THE VILLAGE OFFICER
            KANAYANOOR TALUK, ERNAKULAM, PIN - 682018
            BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER
            BY SRI.T.K.AJITHKUMAR, SC

     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   19.10.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.10138 OF 2023                    2




                                   JUDGMENT

The petitioner, an octogenarian, states that

she is the absolute owner in possession of 10.300

cents of land in Resurvey No.202/3 of

Cherannalloor Village, Ernakulam. According to the

petitioner, the 4th respondent Panchayath has

illegally acquired 3.5 cents out of the aforesaid

property without following the procedure for

acquisition and without paying any compensation.

2. The petitioner had earlier approached this

Court by filing WP(C) No.39035 of 2015 and this

Court had, by Ext.P1 judgment dated 06.04.2016,

directed the Secretary of the Panchayat to

consider the representation filed by the

petitioner highlighting her grievance. Pursuant to

Ext.P1 judgment, a meeting was convened by the

Panchayat Committee and in Ext.P3 minutes, it has

been recorded that there is an opinion that the

petitioner shall be paid compensation.

3. The learned counsel for the petitioner

submits that the petitioner is not so far paid any

compensation pursuant to Ext.P3. Accordingly, the

petitioner submitted Ext.P4 representation before

the 5th respondent, the Secretary of the Panchayat.

Since no steps have been taken thereon, the

petitioner has filed this writ petition for a

direction to respondents 4 & 5 to assess, compute

and disburse the compensation in respect of 3.5

cents of land referred to above.

4. Heard the learned counsel for the

petitioner, learned Senior Government Pleader

appearing for respondents 1 to 3, 6 & 7 and the

learned Standing Counsel appearing for

respondents 4 & 5.

5. It is submitted by the learned Standing

Counsel for the Panchayat that no property of the

petitioner has been acquired by the Panchayat for

the purpose of formation of the road and that the

said 3.5 cents of land referred to in the writ

petition is vested with the Panchayat and is

included in its Asset Register. Referring to

Ext.P3, the learned Standing Counsel further

submits that the petitioner will be heard pursuant

to Ext.P4 and appropriate orders will be passed

within a period of one month.

6. Accordingly, this writ petition is disposed

of directing the 5th respondent to consider Ext.P4

and pass appropriate orders as expeditiously as

possible, at any rate, within a period of one

month from the date of receipt of a certified copy

of this judgment, after hearing the petitioner or

her authorised representative. On passing such

order, it shall be communicated to the petitioner.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/19/10/2023

APPENDIX

PETITIONERS' EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP(C) NO.39035/2015 DATED 06.04.2016. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 07.05.2016, FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE EXTRACT OF PROCEEDINGS THAT TOOK PLACE IN THE OFFICE OF THE 4TH RESPONDENT ON 25.04.2016.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 27.12.2018 ADDRESSED TO THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE 2ND RESPONDENT NUMBERED AS Q NO.79/2022 AND THE DIRECTIONS CONTAINED THEREIN DATED 22/8/2022 EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 14.10.2022 FROM THE OFFICE OF THE 2ND RESPONDENT.