Usha K. G vs State Of Kerala
2024 Latest Caselaw 9682 Ker

Kerala High Court

Usha K. G vs State Of Kerala on 4 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                       WP(C) NO. 13847 OF 2024
PETITIONERS:

    1     USHA K. G,AGED 58 YEARS
          W/O R. VENUGOPAL, THOPPIL HOUSE,
          NEAR OLD RLV MUSIC COLLEGE, TRIPUNITHURA,
          ERNAKULAM, PIN - 682301

    2     VARSHA V, AGED 33 YEARS
          D/O R. VENUGOPAL, THOPPIL HOUSE,
          NEAR OLD RLV MUSIC COLLEGE, TRIPUNITHURA,
          ERNAKULAM, PIN - 682301

    3     VANDANA V, AGED 28 YEARS
          D/O R. VENUGOPAL, THOPPIL HOUSE,
          NEAR OLD RLV MUSIC COLLEGE, TRIPUNITHURA,
          ERNAKULAM, PIN - 682301

    4     VARNA V, AGED 23 YEARS
          D/O R. VENUGOPAL, THOPPIL HOUSE,
          NEAR OLD RLV MUSIC COLLEGE, TRIPUNITHURA,
          ERNAKULAM, PIN - 682301

          BY ADVS.
          N.RATHEESH
          SUMA RATHEESH
          SHANKAR RETHEESH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE LAND REVENUE COMMISSIONER,
          GOVERNMENT OFFICERS' COMPLEX,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR
          ERNAKULAM DISTRICT, COLLECTORATE,
          KAKKANAD, ERNAKULAM, PIN -, PIN - 682030
 WP(C) No.13847 of 2024                    2


     3       THE TAHSILDAR
             TALUK OFFICE, KANAYANNUR TALUK,
             ERNAKULAM, PIN - 682011

     4       THE VILLAGE OFFICER
             NADAMA VILLAGE, TRIPUNITHURA,
             ERNAKULAM, PIN - 682301

     5       THE SPECIAL TAHSILDAR (LA) GENERAL
             ERNAKULAM, KAKKANAD,ERNAKULAM, PIN - 682030

*ADDL.R6 TAHSILDAR (LR), KANAYANNUR, ERNAKULAM
             *IS SUO MOTU IMPLEADED AS ADITIONAL R6 AS PER
             ORDER DATED 04.04.2024 IN WP(C) 13847/2024.

OTHER PRESENT:

             SR.GP - DEEPA NARAYANAN



      THIS    WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   04.04.2024,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13847 of 2024                                  3


                                 VIJU ABRAHAM, J.
                 .................................................................
                            W.P (C) No.13847 of 2024
                 .................................................................
                      Dated this the 4th day of April, 2024


                                       JUDGMENT

Petitioners have approached this Court aggrieved by the

classification of their property as puramboke.

2. It is averred that by Ext.P2 petitioners came in ownership and

possession of certain extent of property. When the land was in use of

petitioners' predecessors tax was paid in respect of the property as

evident from Ext.P3 receipt. While so the Government proposed to

acquire the land for widening of the road at Statue Junction at

Thripunithura and in the acquisition proceedings the property was treated

as puramboke land. Petitioners submit that the said action of the

respondents treating their property as puramboke is absolutely arbitrary

and unjust inasmuch as the property was in the possession of their

ancestors for more than 70 years. In the said circumstance petitioners

have submitted Ext.P12 request before the 5 th respondent for correcting

the anomaly.

3. Learned Government Pleader upon instruction submitted that

additional 6th respondent, Tahsildar (LR) is the appropriate authority to

take action in this regard. Thereupon the petitioners would submit that

they will submit a proper application before the Tahsildar (LR) concerned.

After hearing both sides, I am inclined to dispose of the writ petition

as follows:

Petitioners shall file an appropriate application before the additional

6th respondent within a period of two weeks from the date of receipt of a

copy of the judgment. If such an application is filed as directed above, the

additional 6th respondent shall take up the said application and finalise the

proceedings requested therein within an outer limit of two months

thereafter, with notice to the petitioners.

With the abovesaid direction the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 13847/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF DOCUMENT NO. 389/2009 DATED 21.02.2009 OF S.R.O., TRIPUNITHURA

Exhibit P2 THE TRUE COPY OF THE DOCUMENT NO.3203/14 DATED 16.10.2014 OF S.R.O., TRIPUNITHURA

Exhibit P3 THE TRUE COPY OF THE TAX RECEIPT DATED

04.01.2016 SHOWING REMITTANCE OF PROPERTY TAX BY VENUGOPAL

Exhibit P4 THE TRUE COPY OF THE SAID NOTICE DATED 22.04.2013 ISSUED BY THE SPECIAL TAHSILDAR LAND ACQUISITION (GENERAL), ERNAKULAM

Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 02.08.2014 ISSUED BY THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL)

Exhibit P6 THE TRUE COPY OF THE JUDGEMENT DATED 04.10.2016 IN WP(C) NO.28461 OF 2016 OF THE HON'BLE HIGH COURT OF KERALA

Exhibit P7 THE TRUE COPY OF THE LETTER DATED 27.10.2016 INTIMATING THE 4TH RESPONDENT REGARDING EXHIBIT P-6 JUDGEMENT

Exhibit P8 THE TRUE COPY OF THE POSTAL RECEIPT OF EXHIBIT P-7 DATED 27.10.2016

Exhibit P9 THE TRUE COPY OF THE SURVEY SETTLEMENT REGISTER OF SY.NO.1447/2 OF NADAMA VILLAGE

Exhibit P10 THE TRUE COPY OF THE PROPOSED ACQUISITION SKETCH IN SY.NO.1447/2,3,4 (RE.SY.NO.3,74,4 OF BLOCK NO.279)

Exhibit P11 THE TRUE COPY OF THE NOTIFICATION NUMBERED AS "C3 - 1788/12 DATED 26.08.2013 IN FORM NO.4(C) OF RULE 8(1)

OF THE LAND ACQUISITION ACT PUBLISHED BY THE SPECIAL TAHSILDAR (LA) GENERAL

Exhibit P12 THE TRUE COPY OF THE APPLICATION DATED 24.11.2023 SUBMITTED BEFORE THE 5TH RESPONDENT