Kerala High Court
Somanatha Sharma vs The District Collector, Alappuzha on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 25451 OF 2023
PETITIONER:
SOMANATHA SHARMA, AGED 70 YEARS
S/O LATE SUSHEELA BAI, HOUSE NO.646/7,
FORMERLY 7/552, THEKKEVELIYIL,
PUTHENCHANDA, THURAVOOR SOUTH P.O.,
ALAPPUZHA, PIN - 688532
BY ADVS.
P.C.CHACKO(PARATHANAM)
ASHA P.KURIAKOSE
RESPONDENTS:
1 THE DISTRICT COLLECTOR, ALAPPUZHA
CIVIL STATION WARD, ALAPPUZHA, PIN - 688 001.
2 2. THE SPECIAL DEPUTY COLLECTOR, & COMPETENT
AUTHORITY LAND ACQUISITION
CIVIL STATION, ALAPPUZHA - 688524
3 THE SPECIAL TAHSILDAR LA [NH],
O/O THE SPECIAL TAHSILDAR LA [NH] CHERTHALA,
ALAPPUZHA. - 688524
4 THE DEPUTY COLLECTOR [LR], ALAPPUZHA
F8VH 2CG, BESIDE ZILLA PACHAYATH OFFICE,
CIVIL STATION WARD, ALAPPUZHA, PIN - 688001
5 NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI
REPRESENTED BY THE CHAIRMAN, TRANSPORT BHAVAN 1,
PARLIAMENT STREET, NEW DELHI, PIN - 110001
6 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
TRANSPORT BHAVAN 1, PARLIAMENT STREET,
NEW DELHI, PIN- 110001
WP(C) No.25451 of 2023 2
7 THE ADMINISTRATIVE OFFICER
TRAVANCORE DEVASWOM BOARD, THURAVOOR P.O,
ALAPPUZHA DISTRICT, PIN - 688532
SR.GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.25451 of 2023 3
VIJU ABRAHAM, J.
.................................................................
W.P (C) No.25451 of 2023
.................................................................
Dated this the 19th day of April, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to the 2 nd
respondent to consider Ext.P10 representation and to pay the amount of
compensation for the property acquired as per Ext.P2 notice and Ext.P3
mahazar to the petitioner.
2. It is averred that the petitioner is in ownership and possession of 6.69
Ares of land in survey no.160/15B of Thuravoor South Village. While so on
29.06.2021 Ext.P2 notice was issued taking possession of 1.20 Ares of land
which form part of the petitioner's property for widening the National
Highway. While the petitioner approached the authorities for getting the
compensation, they required the petitioner to produce the documents
regarding ownership of the property. The contention of the petitioner is that
he has already approached the Land Tribunal for obtaining the purchase
certificate in respect of 6.69 Ares of land as per S.M. Proceedings No.66 of
2006 and by Ext.P4 the authorised officer has submitted a report
recommending to issue purchase certificate for 6.69 Ares of land in favour
of the petitioner. Since no action has been taken for issuance of a purchase
certificate the petitioner has approached this Court by filing W.P.(C)
No.19289 of 2021 which was disposed of as per Ext.P5 judgment directing
the authority concerned to finalise the proceedings within a period of two
months. Thereupon the Land Tribunal has issued Ext.P6 order granting
purchase certificate for 5.38 Ares after exempting 1.20 Ares of land which is
acquired for widening the National Highway. But purchase certificate was
issued for an extent of 6.69 Ares itself. Subsequently by suo motu
proceedings Ext.P7 was cancelled and the extent was reduced to 5.38 Ares
as per Ext.P8. Thereafter Ext.P9 revised purchase certificate was issued for
an extent of 5.38 Ares. Petitioner submits that he is entitled for
compensation for 1.20 Ares of land which has been taken from the
petitioner's possession. The contention of the petitioner is that the 7 th
respondent has no right in whatsoever manner over 6.69 Ares of land from
01.01.1970 onwards as per Section 72 of the Kerala Land Reforms Act as
all the right, title and interest of the land owners and intermediaries in
respect of the holding held by the tenants are vested in the Government
and such tenants are entitled to such rights, title and interest over the
property. On the strength of the same petitioner would submit that he is
entitled for compensation for the property taken over from their possession.
3. Heard the learned counsel for the petitioner and the learned
Government Pleader.
After hearing both sides, I am of the view that Ext.P10 representation
submitted by the petitioner requires to be considered by the 2 nd respondent
in accordance with law taking into consideration Ext.P4 and also Section 72
of the Kerala Land Reforms Act and after affording an opportunity of being
heard to the petitioner as well as the 7th respondent. A final decision on
Ext.P10 shall be taken within an outer limit of two months from the date of
receipt of a copy of the judgment.
Writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 25451/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE WILL EXECUTED BY THE
PETITIONER'S MOTHER IN FAVOUR OF THE
PETITIONER DATED 03.06.2013
Exhibit-P2 TRUE COPY OF THE NOTICE ISSUED BY THE
4TH RESPONDENT TO THE PETITIONER DATED
29.06.2021
Exhibit-P3 TRUE COPY OF THE EVICTION MAHAZAR DATED
18.11.2021 PREPARED BY VILLAGE OFFICER,
THURAVOOR SOUTH.
Exhibi-Pt4 TRUE COPY OF THE REPORT OF THE
AUTHORIZED OFFICER DATED 29.06.2006
Exhibit-P5 TRUE COPY OF THE JUDGMENT DATED
01.10.2021 IN W.P.(C). NO. 19289 OF 2021
OF THIS HON'BLE COURT .
Exhibit-P6 TRUE COPY OF THE ORDER DATED 08.12.2021
IN SM NO. 66 OF 2006 OF THE 4TH
RESPONDENT.
Exhibit-P7 TRUE COPY OF THE PURCHASE CERTIFICATE
ISSUED BY THE 4TH RESPONDENT DATED
04.05.2022.
Exhibit-P8 A TRUE COPY OF THE ORDER DATED
01.06.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit-P9 TRUE COPY OF THE PURCHASE CERTIFICATE
DATED 01.08.2022 ISSUED BY THE 4TH
RESPONDENT.
Exhibit-P10 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER BEFORE THE 3RD RESPONDENT
DATED 30.01.2023.
