Kerala High Court
K.V.Elias vs State Of Kerala on 20 June, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 16613 OF 2013
PETITIONERS:
1 K.V.ELIAS (EXPIRED)
AGED 62 YEARS, S/O.VARKEY, KUNNARATH, VALARA P.O.,
ADIMALY, IDUKKI DISTRICT.
*2 ADDL P2, ELSY ALIAS
W/O. (LATE) ALIAS K.V, KUNNARATH, 281/21, VALARA P.O.,
ADIMALY, IDUKKI DISTRICT-685 561.
*(ADDL P2 IS IMPLEADED AS PER ORDER DATED 07-02-2024 IN
IA 1/2024 IN WP(C)16613/2013).
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.GEORGE MATHEW
SRI.DIPU JAMES
SRI.P.A.ISMAIL
SRI.M.D.SASIKUMARAN
SMT.MEDHA B.S.
SRI.GEORGE K.V.
SMT.STEPHY K REGI
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR IDUKKI CIVIL STATION
KUYILIMALA, IDUKKI DISTICT - 685 601.
3 KERALA STATE ELECTRICITY BOARD,
REP. BY ITS CHAIRMAN, VYDHYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 005.
4 THE PROJECT MANAGER
KERALA STATE ELECTRICITY BOARD,
OFFICE OF THE PROJECT MANAGERM, THOTTIYAR HEP,
KARIMANAL, THATTEKKANNI P.O.,
IDUKKI DISTRICT - 685 606.
W.P (C) No.16613/2013 2
5 ASSISTANT EXECUTIVE ENGINEER
SUB DIVISION NO.IV, C/O.THE PROJECT MANAGER,
KERALA STATE ELECTRICITY BOARD, THEP,
KARIMANAL - 685 600.
BY ADVS.
NIRMAL S., SC, KERALA STATE ELECTRICITY
BOARD LIMITED.
THUSHARA JAMES (SR.GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.16613/2013 3
JUDGMENT
The original writ petitioner, who died during the
course of the proceedings before this Court, had
approached this Court challenging Ext.P5
communication issued by the Assistant Executive
Engineer, Sub Division No.IV, Office of the Project
Manager, KSEB-Thottiyar HEP, Karimanal, through
which the petitioner has been informed that certain
boundary stones placed on the property that was taken
over from the petitioner for the purposes of the Tottiyar
Mini Hydro Electric Project have been removed, and
calling upon the petitioner to cooperate with the survey
for fixing the boundaries again. It is the case of the
petitioner that, though it is stated in Ext.P5 that the
petitioner had been paid an amount of Rs.6,89,420/- as
compensation for the land in question, the petitioner had
never accepted the said compensation and had not
agreed to part with the land on receipt of the said
compensation.
2. The learned Standing Counsel appearing for
the Kerala State Electricity Board submits that the
petitioner was in occupation of certain land required for
the purposes of the Hydro Electric Project. It is
submitted that, it was found that while the petitioner
claimed to have Patta in respect of a certain extent of
land, the petitioner was in possession of certain
Government Poramboke, which was taken over by paying
an ex gratia amount of Rs.6,89,420/-. It is submitted that
the petitioner had accepted the amount of Rs.6,89,420/-
and he cannot be heard to contend that he had not
accepted the said amount for handing over the property,
which was illegally in his possession. It is submitted that
in respect of the other land over which the petitioner
claims to have a Patta, the said land has also been
notified for acquisition, and a doubt has arisen regarding
the genuinity of the Patta produced by the petitioner and
the petitioner has produced certain documents before
the Taluk Office, Devikulam, in support of the claim of
the petitioner for having Patta over the land and the
same is under scrutiny. It is submitted that the extent of
land over which the petitioner claims to have Patta is
19.767 cents and the extent of land over which the
petitioner had no Patta and which was taken over after
paying an amount of Rs.6,89,420/- as ex gratia is 33.63
cents. It is submitted that in such circumstances, the
reliefs sought for in the writ petition cannot be granted.
3. Having heard the learned counsel for the
petitioner, the learned Standing Counsel for the Kerala
State Electricity Board and the learned Senior
Government Pleader for the official respondents, I am of
the view that the petitioner has not made out any case
for grant of the reliefs sought for in the writ petition. It
is clear that the extent of land taken over from the
petitioner (33.63 cents) for which ex gratia Rs.6,89,420/-
was paid by the Kerala State Electricity Board was in
respect of land over which the petitioner had no Patta.
The petitioner had received the compensation and
handed over the land to the Kerala State Electricity
Board. He cannot, thereafter, be heard to contend that
Ext.P5 communication, which was issued on the basis
that the boundary stones had been removed and a
further survey was being conducted to identify the land
already taken over from the petitioner by paying the
amount of Rs.6,89,420/- is illegal in any manner. As
regards the land over which the petitioner claims to have
a Patta (19.767 cents), the said land has been notified for
acquisition, and certain enquiries regarding the
genuinity of the Patta are also under scrutiny. I am,
therefore, of the view that the petitioner has no right
whatsoever to prevent the Kerala State Electricity Board
from entering into and surveying the property of 33.63
cents of non-Patta land which was taken over from the
possession of the petitioner after paying an ex gratia
amount of Rs.6,89,420/- . As far as the extent over which
the petitioner claims to have a Patta, the said land has
been notified for acquisition. The claim of the petitioner
to have Patta over the said land has also been
scrutinized.
In that view of the matter, the petitioner is not
entitled to any relief in the writ petition. Writ petition
fails and it is accordingly dismissed.
Sd/-
GOPINATH P.
JUDGE
ats
APPENDIX OF WP(C) 16613/2013
PETITIONER'S EXHIBITS
Exhibit P1: TRUE COPY OF PATTA NO.13010 DATED
20/10/1993.
Exhibit P2: TRUE COPY OF THE TAX RECEIPT DTD.
17/09/2011.
Exhibit P3: TRUE COPY OF THE CONSENT DATED 05/02/2008.
Exhibit P4: TRUE COPY OF THE NOTICE DATED 05/06/2012
ISSUED BY THE 4TH RESPONDENT.
Exhibit P5: TRUE COPY OF THE NOTICE DATED 07/03/2013
ISSUED BY THE 5TH RESPONDENT.
Exhibit P6: TRUE COPY OF REPRESENTATION DTD. 18/03/2013
Exhibit P7 TRUE COPY OF DEATH CERTIFICATED DTD.
13.01.2022 ISSUED BY THE REGISTRAR OF BIRTH
AND DEATH, ADIMALI GRAMA PANCHAYATH
Exhibit P8 TRUE COPY OF HEIRSHIP CERTIFICATE NO. G3-
335674/2022 K.DIS. DTD. 20.09.2023 ISSUED
TAHASILDAR, DEVIKULAM
RESPONDENT'S EXHIBITS
Exhibit R3(a): TRUE COPY OF THE GOVERNMENT ORDER DATED
17.9.2007.
Exhibit R3(b): TRUE COPY OF THE GOVERNMENT ORDER DATED
26.11.2009.
Exhibit R3(c): TRUE COPY OF THE GOVERNMENT ORDER DATED
25.6.2005.
Exhibit R3(d): TRUE COPY OF THE VALUATION STATEMENT
PREPARED BY THE VILLAGE OFFICER,
MANNAMKANDAM DATED 24.6.2008.
Exhibit R3(e): TRUE COPY OF THE VALUATION STATEMENT
PREPARED BY THE ADDITIONAL TAHSILDAR,
DEVIKULAM, DATED 9.7.2008.
Exhibit R3(f): TRUE COPY OF THE MINUTES OF THE DISTRICT
LEVEL PURCHASE COMMITTEE MEETING DATED A
20.1.2010.
Exhibit R3(g): TRUE COPY OF THE CONSENT LETTER DATED
20.1.2010 ISSUED BY THE PETITIONER.
Exhibit R3(h): TRUE COPY OF THE CONSENT LETTER DATED
20.1.2010 ISSUED BY THE PETITIONER.
Exhibit R3(i): TRUE COPY OF THE GOVERNMENT ORDER DATED
11.6.2010.
Exhibit R3(j): TRUE COPY OF THE AGREEMENT EXECUTED BY THE
PETITIONER IN FAVOUR OF SRI. VINOD
P.PRABHAKAR.
Exhibit R3(k): TRUE COPY OF THE STATEMENT SHOWING THE
COMPENSATION FIXED BY THE REVENUE
DEPARTMENT.
Exhibit R3(1): TRUE COPY OF THE ORDER OF THE DISTRICT
COLLECTOR, IDUKKI DATED .05.2010.
Exhibit R3(m): TRUE COPY OF THE MINUTES OF THE DISTRICT
LEVEL PURCHASE COMMITTEE DATED 16.1.2013.
Exhibit R3(n): TRUE COPY OF THE NOTIFICATION DATED
10.6.2013 PUBLISHED IN THE KERALA GAZETTE.
