Kerala High Court
Sukumara Menon vs The State Of Kerala on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 1807 OF 2018
PETITIONER:
SUKUMARA MENON
S/O KUMARA MENON, RESIDING AT TC 7/53(6) BE-
10BREEZE ENCLAVE, ULLOOR, MEDICAL COLLEGE
P.O.THIRUVANANTHAPURAM, PIN- 695 011
BY ADV SRI.J.HARIKUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
PIN-695 001
2 THE DISTRICT COLLECTOR
THRISSUR, COLLECTORATE, CIVIL LANE, TRISSUR
3 THE SPECIAL TAHSILDAR LA FOLR TRISSUR MUNICIPALITY
TRISSUR MUNICIPAL CORPORATION, TRISSUR- 680 001
4 TRISSUR MUNICIPAL CORPORATION
CORPORATION OFFICE, TRISSUR- 680 001REP. BY ITS
SECRETARY
BY ADV SRI. SANTHOSH P.PODUVAL, SC, THRISSUR
CORPORATION
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 1807 OF 2018
2
P.V. KUNHIKRISHNAN, J.
-----------------------------------
W.P.(C).No.1807 of 2018
-----------------------------------
Dated this the 28th day of June, 2024
JUDGMENT
The above Writ Petition is filed with
following prayers:
(a) Declaration that Exhibit P5 Award
has been lapsed to the extent it
affects the petitioner.
b) Direction to the respondents that
the petitioner cannot be dispossessed
of his properties and buildings
thereon on the strength of Ext.P5.
c) Prohibition restraining the
respondents from proceeding with any
land acquisition on the basis of
Ext.P5 award to the extent it affects
the petitioner.
to take steps for issuing direction to
the Village Officer, Thrissur for
receiving the basic tax due on the
petitioner's property and respondent
WP(C) NO. 1807 OF 2018
No.4 for receiving the property tax
due to the Corporation from the
Petitioner.
e) Such other reliefs as are deemed
fit and proper by this Honourable
Court in the facts and circumstances
of this case."
[SIC]
2. According to the petitioner, he is the
absolute owner in possession and enjoyment of an
area of 2.12 Ares of land and comprised in
Survey Nos.1284/6(A), 1284 (7)B and 2972 of
Thrissur Village, Thrissur Taluk, Thrissur
District with the building therein comprising of
is the submission. It is submitted that pursuant
to Section 4(1) notification under the Land
Acquisition Act, 1894 dated 13.10.1987, the
above said land and building of the petitioner
was sought to be acquired for the formation of a
WP(C) NO. 1807 OF 2018
bell-mouth and Shopping Centre at Swaraj Round
Thrissur. The said acquisition was at the
request of the 4th respondent Corporation which
was at that time was a Municipality is the
submission. Consequent to the said notification
Ext.P5 award was passed on 27.09.1990. It is
submitted that even though Ext.P5 award was
passed by the 3rd respondent, no amount was
disbursed or deposited in the Sub Court as per
Section 31(2) of the Land Acquisition Act. The
possession of lands notified for acquisition was
also not taken is the submission. Repeated
attempts were made by the petitioner to know
whether the acquisition proceedings consequent
to Ext.P5 award is still in force, or whether
the respondents have any intention to acquire
the land. By Ext.P12 it was intimated that there
was no such scheme as bell-mouth in Thrissur
Corporation. It is submitted that on receipt of
WP(C) NO. 1807 OF 2018
Ext.P12 the petitioner submits Ext.P13
application before the 2nd respondent, requesting
him to recall the acquisition proceedings leads
to Ext.P5 and receive the basic land tax by
Village Officer and the property tax by the
Thrissur Corporation. Second respondent,
forwarded Ext.P13 application to the respondent
nos.3 & 4. But, despite that the respondents
have not considered the request of the
petitioner is the grievance. It is also
submitted that the Land Acquisition Act 1894 has
been repealed and replaced by the Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act
2013 (Act No.30 of 2013) with effect from
01.01.2014 and as per Section 24(2) of the said
Act the land acquisition process undertaken by
the respondents by Ext.P5 have been lapsed since
WP(C) NO. 1807 OF 2018
Ext.P5 award was passed more than five years
prior to 01.01.2014, and the possession was not
taken or compensation was not paid before
01.01.2014, which is the date of commencement of
Act No.30 of 2013. Hence, this Writ Petition.
Heard counsel for the petitioner, Government
Pleader and Standing Counsel appearing for the
Corporation.
It is an admitted fact that after Ext.P5
award, no further steps are taken. If that is
the case as per Section 24(2) of Act No.30 of
2013, the acquisition proceeding is lapsed. As
long as there is no acquisition proceedings the
Revenue Authorities are bound to accept tax from
the petitioner and the Corporation Authorities
are also bound to accept the property tax.
Therefore, this Writ Petition is disposed of
with the following directions.
WP(C) NO. 1807 OF 2018
1. It is declared that the land
acquisition proceedings based on
Ext.P5 is lapsed as far as the
petitioner is concerned in the light
of Section 24(2) of Act No.30 of 2013.
2. The petitioner is free to approach the
4th respondent or the competent
Authority for accepting tax and if
such an application is filed the
competent Authority will do the
needful in the light of the above
observation.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
SSG
WP(C) NO. 1807 OF 2018
APPENDIX OF WP(C) 1807/2018
PETITIONER'S EXHIBITS
EXHIBITP1 TRUE COPY OF THE DOCUMENT NO.35/1990
DATED 28/05/1950 OF TIRSSUR SUB REGISTRY
EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE DATED
16-04-2013
EXHIBIT P3 TRUE COPY OF THE LEGAL HEIR SHIP
CERTIFICATE ISSUED BY THE VILLAGE OFFICER
DATED 02-04-2013
EXHIBITP4 TRUE COPY OF THE LEGAL HEIR SHIP
CERTIFICATE ISSUED BY THE VILLAGE OFFICER
DATED 26-11-2014
EXHIBITP5 TRUE COPY OF THE AWARD PASSED BY THE 3RD
RESPONDENT DATED 27-09-1990
EXHIBITP6 TRUE COPY OF THE NOTICE DATED 25-09-2010
OF THE SECRETARY OF THE 4TH RESPONDENT
COROPORATION
EXHIBITP7 TRUE COPY OF THE PETITIONER'S LETTER
DATED 21-12-2011 TO THE SECRETARY OF THE
4TH RESPONDENT CORPORATION
EXHIBITP8 TRUE COPY OF THE JUDGMENT DATED
06-06-2012 IN WRIT PETITION (CIVIL)
NO.571/2012 OF THIS HONOURABLE COURT
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED
11-03-2013 FROM THE 4TH RESPONDENT
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED
24-07-2014 IN WPC NO.10170 OF 2013 OF
THIS HONOURABLE COURT
EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED
UNDER THE RIGHT TO INFORMATION ACT DATED
19-07-2016
EXHIBTIP12 TRUE COPY OF THE REPLY DATED 12-08-2016
RECEIVED FROM THE INFORMATION OFFICER OF
THE 4TH RESPONDENT
EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED
27-08-2016 BEFORE THE 2ND RESPONDENT
EXHIBIT P14 TRUE COPY OF THE LETTER DATED 05-09-2016
FROM THE 2ND RESPONDENT
