Kerala High Court
K.P.Hariharan Nair vs The State Of Kerala on 21 May, 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 37772 OF 2017
PETITIONERS:
1 K.P.HARIHARAN NAIR
S/O PARAMESWARAN NAIRM,KUNNEDATH HOUSE,WEST
KADUNGALLUR,MUPPATHADAM.PO,ERNAKULAM-683110.
2 P.B.ABDUL AZEEZ
PALUPPALLATH HOUSE,ULIYANNUR.P.O,KUNJUNNIKKARA,ALUVA-
683108.
3 P.M.ISMAYIL
PULIMOOTTIL HOUSE,BRIDGE ROAD,ALUVA-683101.
4 K.P.JAGATH SINGH
KUZHUPPILLI VEEDU,EAST KADUNGALLUR,UC
COLLEGE.P.O,ALUVA-683102.
5 POLY PAUL
VATTIPPALLI HOUSE,BRIDGE ROAD,ALUVA-683101.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.V.E.ABDUL GAFOOR
SRI.T.T.MUHAMOOD
SRI.A.MOHAMMED SAVAD
SRI.C.Y.VINOD KUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,REVENUE
DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.
2 THE LAND REVENUE COMMISSIONER
PUBLIC OFFICE,THIRUVANANTHAPURAM.
3 THE DISTRICT COLLECTOR
CIVIL STATION,KAKKANAD,ERNAKULAM-682041.
4 THE THAHASILDAR
ALUVA-683101.
W.P (C) No.37772 of 2017
2
5 THE VILLAGE OFFICER
ALUVA WEST VILLAGE,ALUVA-683101.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.S.RANJITH, SPL.GP TO AAG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.37772 of 2017
3
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.37772 of 2017
---------------------------
Dated this the 21st day of May, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) A writ of certiorari or any other appropriate
writ, order, quashing Exhibit: P15 Government
order.
ii) A writ of mandamus or any other writ, order or
direction, directing the respondents to assign the
land to the petitioners in implementation of
Exhibit:P14 Government order.
iii) A writ of mandamus or any other appropriate
writ order or direction, directing the respondents
not to disposes the petitioners from the property.
iv. such other writ, order or direction as this
Hon'ble Court may deem fit in the facts and
circumstances of the case." [SIC]
2. The petitioners are in possession of various
extent of land in Aluva West Village. It is the case of the
petitioners that they inherited the properties from their
predecessors in interest by succession. Their predecessors
were running business establishment in the building
constructed in the said properties since 1952 onwards is the
submission. According to the petitioners, they are in
occupation of the land and running the business in the said
property. Some of them had set up the residential building
also in the said property. Originally the property in question
belongs to one Sri.K.S.Ramanpillai Kochuveettil, who was a
participant in the World War II is the further submission. He
got the property on Kuthakapattam and the petitioners
came to possession of the land on lease from
Kuthakapatam holder. The petitioners constructed the
building on the strength of building permit issued by the
Aluva Municipality is the further submission. All the
petitioners are doing the business in the shop rooms
constructed in the said property and some of the petitioners
are residing in the said property with their family is the
further submission. Considering the fact that the property is
in possession of the petitioners since 1952, the
Government, as per Ext.P14 order directed the District
Collector to assign the land to the petitioners, collecting the
market value of the property. The petitioners approached
the 3rd respondent for fixing market value of the land for the
issuance of patta. However, subsequently Ext.P14 is
cancelled by Ext.P15 order. The main grievance of the
petitioners is that the Government has no jurisdiction to
review its own order. It is also submitted that Ext.P15 is an
order passed without giving an opportunity of hearing to
the petitioners. Hence, this writ petition.
3. Heard the learned counsel for the petitioners and
the learned Government Pleader.
4. When this writ petition came up for consideration,
this Court ordered status quo as far as the property is
concerned and the status quo order is in force even now. A
perusal of Ext.P15 would not show that it is an order passed
after giving an opportunity of hearing to the petitioners.
Once, a benefit is given to the petitioners and if the same is
to be cancelled, it is the duty of the Government to hear the
affected parties also. In such circumstances, I am of the
considered view that, without expressing any opinion on
merit, Ext.P15 can be set aside and there can be a direction
to reconsider the matter after giving an opportunity of
hearing to the petitioners.
Therefore, this writ petition is disposed of with the
following directions:-
1) Ext.P15 is set aside.
2) The 1st respondent is directed to
reconsider the matter, after giving an
opportunity of hearing to the petitioners.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 37772/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PERMIT DATED
25.11.1972 ISSUED BY THE MUNICIPAL
COUNCIL ALUVA
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPTS SHOWING
THE REMMITTANCE OF TAX IN RESPECT OF
THE SAID PROPERTY
EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPT
ISSUED BY ALUVE MUNICIPALITY DATED
17.02.2017 IN RESPECT OF DOOR NO.131
EXHIBIT P4 TRUE COPY OF THE RECEIP DATED
17.02.2017 IN RESPECT OF 132.
EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT
NO.75/73 DATED 28.9.1973 ISSUED BY THE
ALUVA MUNICIPALITY
EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT SHOWING
THE REMITTANCE OF TAX IN RESPECT OF THE
SAID PROPERTY
EXHIBIT P7 TRUE COPY OF THE RECEIPT FOR PAYMENT OF
TAX FOR THE ABOVE SAID PROPERTY DATED
11.5.2001.
EXHIBIT P8 TRUE COPY OF THE BUILDING TAX DATED
9.2.2017 ISSUED BY THE ALUVA
MUNICIPALITY
EXHIBIT P9 TRUE COPY OF THE LAND RECEIPT DATED
08.01.1999
EXHIBIT P10 TRUE COPY OF THE LAND TAX RECEIPT DATED
22.3.1991.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
12.10.2015 SUBMITTED BY THE PETITIONERS
EXHIBIT P12 TRUE COPY OF THE LR.NO.L2/84854/15
DATED 30.12.2015 SENT BY THE DISTRICT
COLLECTOR TO THE LAND REVENUE
COMMISSIONER.
EXHIBIT P13 TRUE COPY OF THE LR.N.12/84854/15 DATED
30.12.2015 SENT BY THE DISTRICT
COLLECTOR TO THE LAND REVENUE
COMMISSIONER
EXHIBIT P14 TRUE COPY OF G.O(MS)NO.260/2016/REVENUE
DATED 4.3.2016
EXHIBIT P15 TRUE COPY OF THE G.O(MS)NO.276/17
REVENUE DATED 11.8.2017.
