Kerala High Court
Varghese vs The State Of Kerala on 23 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
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 32036 OF 2017
PETITIONERS:
1 VARGHESE
AGED 52 YEARS
S/O.PAILY, MATTATHIKUZHI, VENMANI KARA,
MAMALA PO, ERNAKULAM DISTRICT, PIN 682305
2 POULOSE
S/O.PAILY, MATTATHIKUZHI, VENMANI KARA,
MAMALA PO, ERNAKULAM DISTRICT, PIN 682305
3 JOY
S/O.PAILY, MATTATHIKUZHI, VENMANI KARA,
MAMALA PO, ERNAKULAM DISTRICT, PIN 682305
4 CHINNAMMA
D/O.PAILY, MATTATHIKUZHI, VENMANI KARA,
MAMALA PO, ERNAKULAM DISTRICT, PIN 682305
5 KURIAKOSE
S/O.PAILY, MATTATHIKUZHI, VENMANI KARA,
MAMALA PO, ERNAKULAM DISTRICT, PIN 682305
6 PRABHAKARAN
S/O. AYYAPPAN, PUTHENPARAMBIL, KODINJOOR KARA,
ERNAKULAM DISTRICT, NOW RESIDING AT
PALATHINALPAMBIL HOUSE, KODINJOOR KARA,
AMBALAMUGAL, ERNAKULAM 682032
7 SIVASANKARAN
S/O. AYYAPPAN, PUTHENPARAMBIL, KODINJOOR KARA,
ERNAKULAM DISTRICT, NOW RESIDING AT
PALATHINALPAMBIL HOUSE, KODINJOOR KARA,
AMBALAMUGAL, ERNAKULAM 682032
8 KUTTAPPAN
S/O. AYYAPPAN, PUTHENPARAMBIL, KODINJOOR KARA,
ERNAKULAM DISTRICT, NOW RESIDING AT
PALATHINALPAMBIL HOUSE, KODINJOOR KARA,
AMBALAMUGAL, ERNAKULAM 682032
9 BHAVANI
D/O. AYYAPPAN, PUTHENPARAMBIL, KODINJOOR KARA,
ERNAKULAM DISTRICT, NOW RESIDING AT
PALATHINALPAMBIL HOUSE, KODINJOOR KARA,
AMBALAMUGAL, ERNAKULAM 682032
WP(C).No.32036/2017
2
10 M.S. SANKARANARAYAN
S/O.SANKARAN NAMBOOTHIRI, MADHURATHATTILLAM,
AMBALAMEDU PO, ERNAKULAM, PIN 682303
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SRI.P.ARUN KUMAR MONCOMPU
SRI.BIJU.V.JOHN
SMT.KAVERY S THAMPI
SRI.A.SANTHOSHKUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695001
2 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN 682030
3 THE SPECIAL TASILDAR LA
KOCHI REFINERIES LTD., NORTH FORT GATE,
TRIPUNITHURA, ERNAKULAM DISTRICT, PIN 682301
4 THE CHIEF MANAGER (LEGAL)
BHARAT PETROLEUM CORPORATION LIMITED,
KOCHI REFINERIES, KUNDANOOR,
ERNAKULAM DISTRICT, PIN 682304
BY ADVS.
GOVERNMENT PLEADER SRI.B.S.SYAMANTAK
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.32036/2017
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.32036 of 2017
----------------------------------------------
Dated this the 23rd day of May, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. issue a writ of certiorari or any other appropriate
writ, order or direction, calling for the original of
Exhibit P-4 and Exhibit P-5 to the extent it relates
to petitioners and quash the same as the same is
made to deny the benefits to which the petitioners
are entitled under Act, 2013 and also against the
intention of the Parliament while introducing Act,
2013;
ii. to direct the respondents to pass the award with
respect to the land acquired from petitioners
taking the market value already fixed under
Exhibit P-2 as market value fixed under Act, 2013
and to determine compensation in accordance to
Section 27 to 30 of the Act, 2013.
iii. to declare that the 4th respondent is in illegal
possession of petitioner's property and the same
has to be returned to the petitioners;
iv. to grant such other reliefs as this Honourable
Court may deem fit in the circumstances of the
case;
(SIC)
2. When this writ petition came up for consideration,
the counsel for the petitioners submitted that the matter is
already referred to the reference court and the same is
pending consideration.
3. If that be the case, this writ petition need not be
retained here. All the contentions raised by the petitioners
are left open and they are free to agitate the same before the
reference court.
With the above observation, this writ petition is disposed
of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 32036/2017
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS NO. C4-
23168/2013 DATED 16.12.2013 ISSUED THE
2ND RESPONDENT
EXHIBIT P1 A A TRUE COPY OF THE BASIC VALUATION
REPORT PREPARED BY THE 3RD RESPONDENT
BEFORE THE 2ND RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS NO. C4-
72903/08 DATED 22.10.2012 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P2 A A TRUE COPY OF THE BASIC VALUATION
REPORT PREPARED BY THE 3RD RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED
01.12.2016 IN WPC.NO. 5206/2016 (A)
BEFORE THE HON'BLE HIGH COURT,
ERNAKULAM
EXHIBIT 3 A A TRUE COPY OF THE JUDGMENT DATED
01.12.2016 IN WPC.NO. 8196/2016 (Y)
BEFORE THE HON'BLE HIGH COURT,
ERNAKULAM
EXHIBIT P3 B A TRUE COPY OF THE JUDGMENT DATED
01.12.2016 IN WPC.NO. 819//2016 (K)
BEFORE THE HON'BLE HIGH COURT,
ERNAKULAM
EXHIBIT P4 A TRUE COPY OF THE BASIC VALUATION
REPORT PREPARED BY THE 3RD RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE ORDER NO. C4-
23168/13 DATED 04.06.2017 PASSED BY
THE 2ND RESPONDENT
