N.R.Roy vs State Of Kerala
2024 Latest Caselaw 32302 Ker

Kerala High Court

N.R.Roy vs State Of Kerala on 8 November, 2024

                                                      2024:KER:86280

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                       WP(C) NO. 29638 OF 2017

PETITIONERS:

    1     R.AJAYAKUMAR,
          (FORMER ADDITIONAL GOVERNMENT PLEADER-11,KOLLAM),
          ADVOCATE, "LAKSHMI VIHAR",EZHUKONE PO., KOLLAM.

    2     K.RETNAKUMAR,
          (FORMER ADDITIONAL GOVERNMENT PLEADER-11,
          KOLLAM),"ROOPA" CHITTAYAM, INCHAVILA PO.,KOLLAM.

    3     ADDL.P3: REMADEVI J.,
          W/O K.RETNAKUMAR, (DECEASED 2ND PETITIONER)
          ROOPA, CHITTAYAM, INCHAVILA P.O., PERINAD,
          KOLLAM, PIN- 691601.

    4     ADDL.P4: ROOPA R.KUMAR,
          AGED 29 YEARS, D/O K.RETNAKUMAR, (DECEASED 2ND
          PETITIONER) ROOPA, CHITTAYAM, INCHAVILA P.O., PERINAD,
          KOLLAM, PIN - 691601. ADDITIONAL PETITIONERS 3 AND 4
          ARE IMPLEADED AS PER ORDER DATED 08.07.2024 IN I.A.1/24
          IN WP(C)29638/2017.


          BY ADVS.
          SRI.S.SANTHOSH KUMAR
          SMT.P.LISSY JOSE.




RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          LAW DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM PIN-695001.
 W.P.(C)Nos.29638 &
4966 of 2017                     2             2024:KER:86280

    2     THE DISTRICT COLLECTOR,
          CIVIL STATION, KOLLAM PIN-691013.


          BY ADVS.
          GOVERNMENT PLEADER
          ADVOCATE GENERAL OFFICE KERALA
          K.R.RANJITH, GOVERNMENT PLEADER WITH STATE
          ATTORNEY()



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.29638 &
4966 of 2017                       3             2024:KER:86280


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

        THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

  FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                       WP(C) NO. 4966 OF 2017

PETITIONER:

          N.R.ROY,
          AGED 51 YEARS,
          S/O N RAMAKRISHNAN,
          RESIDING AT KIZHAKKADUTH VEEDU,
          PEROOR, KOLLAM.
          FORMER ADDITIONAL GOVERNMENT PLEADER 11, KOLLAM.


          BY ADVS.
          SRI.M.T.SURESHKUMAR
          SRI.R.RENJITH




RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF LAW, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE, KOLLAM-691001.

    3     THE LAW SECRETARY,
          DEPARTMENT OF LAW,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.


          BY ADVS.
          ADVOCATE GENERAL OFFICE KERALA
          SHRI.N.MANOJ KUMAR, STATE ATTORNEY()
 W.P.(C)Nos.29638 &
4966 of 2017                    4             2024:KER:86280

          K.R.RANJITH, GOVERNMENT PLEADER WITH STATE
          ATTORNEY()



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2024, ALONG WITH WP(C).29638/2017, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.29638 &
4966 of 2017                                 5                 2024:KER:86280


                                  JUDGMENT

[WP(C) Nos.29638/2017, 4966/2017]

The petitioners in these writ petitions contend that they

were working as additional Government Pleaders and their requests

for disbursement of the fee for conducting land acquisition cases

with respect to the requisition made by non-Governmental

authorities like Railways and National Highways stood rejected.

2. The petitioners, as stated earlier were working as

additional Government Pleaders from 2007-12. They point out that

they had appeared on behalf of the Government in many land

acquisition cases. They also point out that in such land acquisition

cases, in some instances, the State Government was the requisition

authority and in some cases, the requisition authority were the

Railways, National Highways authorities etc. As regards the cases

conducted on behalf of the State of Kerala, the petitioners have no

disputes. The present writ petitions are only as regards the dispute

concerning non-payment of fees concerning cases where the

requisitioning authorities were the railways/national highways

authorities etc.

3. The petitioners submitted Exts.P4 and P4A

applications before the District Collector seeking payment of fee for W.P.(C)Nos.29638 & 4966 of 2017 6 2024:KER:86280

various land acquisition cases conducted by the petitioners

wherein, the requisitioning authorities were not in the State of

Kerala. The applications submitted as above, have been rejected

by Ext.P7 order dated 07.06.2017 issued by the District Collector,

finding that with reference to the provisions of Rule 31 A (2) of the

Kerala Government Law Officers (Appointment and Conditions of

Service) and Conduct of Cases Rules, 1978, (hereinafter referred to

as the "Rules"), the petitioners are not entitled to the fee as

claimed by them in excess of the scheduled fee.

4. Though, the matter was taken up before the

Government, by Ext.P8 dated 25.11.2016, the Government rejected

the complaint raised by the petitioners essentially repeating the

stand pointed out in Ext.P7.

5. It is in the afore circumstances that the captioned

writ petitions are filed by the petitioners herein.

6. I have heard Sri. S.Santhosh Kumar, the learned

counsel for the petitioners in W.P.(C)No.29638 of 2017, Sri. M.T.

Suresh Kumar in W.P.(C)No.4966 of 2017 and Sri.Renjith Kumar, the

learned Government Pleader for the respondents herein.

7. The dispute in these writ petitions, centres around

the interpretation to Rule 31A of the Rules. The rules, to the extent

relevant herein reads as under:-

W.P.(C)Nos.29638 & 4966 of 2017 7 2024:KER:86280

"31 A Remuneration of Government Law Officers of District Court, Additional District Court and Sub Court Centres-(1) District Government Pleader and Public Prosecutor shall be paid a consolidated amount of Rs.14,000 (Rupees fourteen thousand only) per month and Additional Government Pleader and Additional Public Prosecutor shall be paid a consolidated amount of Rs.12,500 (Rupees twelve thousand five hundred only) per month.

(2) A Government Law Officer at the District Court or Sub Court Centre shall, in addition to his monthly remuneration, be entitled to a fee for the conduct of case in accordance with the rates specified below-

         1    Appearance on behalf        Regulation fee or the fee decreed
              of Boards,                  by the court or as agreed to by
              Corporations,               the concerned body or authority
              Commercial Concerns,
              Local Authorities etc,

         2    Appearance in cases,        Regulation fee or fees decreed by
              the fees of which are       the court
              not ultimately met
              from the revenues of
              the Government                          (underlining supplied)

A reading of the afore rules would show that the remuneration of

the Government Officers in District Courts, additional District Courts

and Sub Court Centres are limited on consolidated basis under sub

rule (1) thereto. As regards the additional work done by the

Government Officers as above, sub rule (2) thereto, provides for

payment of additional fee for the conduct of cases, in accordance

with the rate specified thereunder. Item No.2 of the table forming

part of sub rule (2) as above, is with reference to, the appearance in

cases where the fee is not ultimately met by the Government W.P.(C)Nos.29638 & 4966 of 2017 8 2024:KER:86280

(Kerala Government). In such cases, the rules provide for payment

of regulation fee or fees decreed by the Court concerned. Sri.

S.Santhosh Kumar, the learned counsel for the petitioners point out

that in these cases, the petitioners only seek for the fee as per the

decree passed by the Court concerned, as evidenced by Exts.P9

and P10, in a representative manner. He points out that the

amounts shown in Exts.P4 and P4A are against similar cases where

the Courts have passed decrees, also covering the advocate fee.

8. In my opinion, Rule 31 A (2) entitles the

petitioners herein, to the fee as decreed by the Court, insofar as the

said fee is not to be paid by the State of Kerala. The cases so

conducted by the petitioners are the land acquisition cases with

reference to the acquisition of property under the provisions of the

Land Acquisition Act, 1894. The provisions of Section 50 of the

Land Acquisition Act, 1894, provides for the power of the

Government to collect such amounts from the agency for which, the

land acquisition is being carried. This is made clear with reference

to the provisions of Rule 9 of the Land Acquisition (Kerala) Rules,

1990, wherein it is provided that the requisitioning authority has to

provide an agreement in Form No.7. A reference to Form No. 7 also

shows as under:-

W.P.(C)Nos.29638 & 4966 of 2017 9 2024:KER:86280

"1. The Bounden shall deposit with the Collector (Land Acquisition Officer) at the time of execution of the agreement or at any other date to be fixed by the Collector (Land Acquisition Officer), the following amounts:-

(a) The estimated amount of compensation as may be provisionally fixed by the Collector (Land Acquisition Officer), and the estimated amount of establishment charges likely to be incurred by the Government in connection with this acquisition to be provisionally fixed by the Collector (Land Acquisition Officer).

(b) The decision of the Collector (Land Acquisition Officer) regarding the estimated amounts under this sub-clause shall be final and legally binding on the Bounden.

2. After adjustment of the amount so deposited, the Bounden shall pay to the Government before the said land is transferred to the Bounden the excess, if any, of the cost of the land as settled by the Collector (Land Acquisition Officer) or if reference is made to the Court by the final Court of appeal all costs of acquisition inclusive of all payments and allowances in respect thereof payable under the said Act and all Court costs and Pleader's fee etc., incurred by the said Government in defending the references, if any, made to the Court as aforesaid and on appeal or appeals filed in connection therewith and all costs, pleader's fee etc., payable or paid by the said Government to the claimant in the said matters and also of the amount of establishment charges incurred by the Government as finally settled by the Collectors (Land Acquisition Officers). The Government shall not be bound to give possession of the land until all the said moneys have been paid and may withdraw from the acquisition and in case of withdrawal the Bounden shall be liable to indemnify the Government against all expenses incurred and damage sustained as a result of anything done by them in the matter of acquisition till the date of withdrawal.

The decision of the Government regarding the amounts payable by the Bounden upon such withdrawal shall be final and legally binding on the Bounden.

 W.P.(C)Nos.29638 &
4966 of 2017                             10                  2024:KER:86280

Upon such payment by the Bounden the Government shall execute and do all such acts, deeds, matters and things as may be necessary or proper for effectively vesting the said land in the Bounden and giving the Bounden an absolute title thereto subject to the payment of an assessment or ground rent as hereinafter provided."

A reading of the afore quoted provisions of the agreement to be

entered into by the requisitioning authority makes it clear that the

requisitioning authority is supposed to pay all charges including the

Court cost and Pleaders fee to the State of Kerala, when the State

of Kerala is being engaged to act on behalf of the requisitioning

authority.

9. In such circumstances, I am of the opinion, that

the stand taken in Exts.P7 and P8 cannot be sustained.

10. Resultantly, I am of the opinion, that the

petitioners are entitled to succeed. However, Sri. Renjith Kumar,

the learned Government Pleader points out that the applications

filed by the petitioners herein were not in tune with Rule 46 of the

Rules, which provides for the filing of the applications seeking fee in

a particular format. Therefore, appropriate directions may be

issued to the petitioners, so that the respondents can process the

same.

In the light of the above, these writ petitions are disposed

of as under:-

W.P.(C)Nos.29638 & 4966 of 2017 11 2024:KER:86280

i Exts. P7 and P8 in these writ petitions are quashed.

ii It is declared that the petitioners would be entitled to the

fee as regards the land acquisition cases wherein they

have appeared, on behalf of the requisitioning authorities,

were the State of Kerala is not a requisition agency.

iii The petitioners are to furnish the applications seeking the

afore fee in tune with Rule 46 of the Rules, within a period

of one month from the date of receipt of a copy of this

judgment.

iv If such applications are filed by the petitioners, the

competent among the respondents to process the same

and pass appropriate orders in tune with the findings in the

captioned judgments within a further period of two months

thereafter.

Sd/-

                                     HARISANKAR V. MENON
                                            JUDGE


ANA
 W.P.(C)Nos.29638 &
4966 of 2017                          12             2024:KER:86280


                      APPENDIX OF WP(C) 29638/2017

PETITIONER EXHIBITS

EXHIBIT P1:            TRUE COPY OF G.O.(MS) NO.36/07/LAW DATED
                       02.02.2007.

EXHIBIT P2:            TRUE COPY OF THE G.O(MS)NO.33/2010/LAW DATED
                       25.02.2010.

EXHIBIT P3:            TRUE COPYT OF THE G.O(MS) NO.44/12/LAW DATED
                       2.2.2012.

EXHIBIT P3(A):         TRUE COPY OF THE G.O.(MS) NO.30/12/LAW DATED
                       28/1/2012.

EXHIBIT P4:            TRUE COPY OF LIST OF CASES FORWARDED TO THE

2ND RESPONDENT, DISTRICT COLLECTOR, BY THE 1ST PETITIONER.

EXHIBIT P4(A): TRUE COPY OF LIST OF CASES FORWARDED TO THE 2ND RESPONDENT, DISTRICT COLLECTOR, BY THE 2ND PETITIONER.

EXHIBIT P5(A): TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 2ND PETITIONER.

EXHIBIT P5: TRUE COPY OF THE REPRESENTATION 18.9.2014 FILED BY THE 1ST PETITIONER.

EXHIBIT P6: TRUE COPY OF THE COMMON JUDGMENT DATED 15.12.2015 IN WPC NO.35929/2015.

EXHIBIT P7: TRUE COPY OF ORDER NOMS/66738/14 DATED 7/6/2017 OF THE 2ND RESPONDENT

EXHIBIT P8: TRUE COPY OF THE G.O(RT) NO.1329/2016/LAW DATED 25/11/2016.

EXHIBIT P9 TRUE COPY OF THE DECREE IN AWARD NO 1/99 (4) IN LAR 148/99, HON'BLE ADDL. SUB COURT KOLLAM.

EXHIBIT P10 TRUE COPY OF THE DECREE IN AWARD NO 1/2000- 2001 IN LAR NO: 56/01 OF HON'BLE ADDL. SUB COURT KOLLAM.

 W.P.(C)Nos.29638 &
4966 of 2017                         13              2024:KER:86280


                      APPENDIX OF WP(C) 4966/2017

PETITIONER EXHIBITS

EXHIBIT P1             TRUE COPY OF THE JUDGMENT DATED 26/8/2014 IN

WPC NO. 16536/2010 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 11/7/2016 IN RP NO. 636 OF 2015 I WPC NO.16536/2010 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO. GO(RT) NO.

1329/2016/LAW DATED 25/11/2016 PASSED BY THE 3RD RESPONDENT LAW SECRETARY.

EXHIBIT P4 TRUE COPY OF THE BILL DATED 18/11/2008 ISSUED BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE BILL DATED 18/11/2008 ISSUED BY THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE BILL DATED 20/4/2007 ISSUED BY THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE BILL DATED 23/12/2006 ISSUED BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE BILL DATED 18/8/2006 ISSUED BY THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE BILL DATED 1/6/2006 ISSUED BY THE PETITIONER.

EXHIBIT P10 TRUE COPY OF THE BILL DATED 23/5/2006 ISSUED BY THE PETITIONER.

EXHIBIT P11 TRUE COPY OF THE BILL DATED 5/4/2006 ISSUED BY THE PETITIONER.

EXHIBIT P12 TRUE COPY OF THE BILL DATED 15/2/2006 ISSUED BY THE PETITIONER.

EXHIBIT P13 TRUE COPIES OF THE BILLS THE PETITIONER HAD SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P14 TRUE COPIES OF THE BILLS THE PETITIONER HAD SUBMITTED BEFORE THE 2ND RESPONDENT.

 W.P.(C)Nos.29638 &
4966 of 2017                       14              2024:KER:86280

EXHIBIT P15          A TRUE COPY OF THE EXTRACT OF R.31A AND R.45
                     OF THE KERALA GOVERNEMNT LAW OFFICERS

(APPOINTMENT AND CONDITIONS OF SERVICE) AND CONDUCT OF CASES RULES 1978.

EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR VIDE NO. M2-29678/08.