Kerala High Court
State Of Kerala vs Gopinathan Pillai on 6 September, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
2024:KER:68057
RP NOS. 819 & 850 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
RP NO. 819 OF 2024
AGAINST THE JUDGMENT DATED 19.12.2023 IN WP(C) NO.24857
OF 2022 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 4 AND 6 IN W.P(C):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
REVENUE, SECRETARIAT, THIRUVANANTHAPURAM., PIN -
695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, KOLLAM., PIN - 691013
3 THE TAHSILDAR
KARUNAGAPPALLY TALUK OFFICE,KARUNAGAPPALLY P.O.,
KOLLAM DISTRICT., PIN - 690518
4 THE VILLAGE OFFICER
CHAVARA VILLAGE OFFICE, CHAVARA P.O., KOLLAM., PIN
- 691583
5 THE SPECIAL TAHSILDAR (CALA)
NHAI, UNIT NO.III, YMCA, KOLLAM., PIN - 691001
BY ADV GOVERNMENT PLEADER
RESPONDENTS/PETITIONERS AND 5TH RESPONDENT IN W.P(C):
1 GOPINATHAN PILLAI
PRESIDENT, DOCUMENT WRITERS AND SCRIBES
ASSOCIATION, CHAVARA UNIT NO. 96/77, KOLLAM., PIN -
691583
2024:KER:68057
RP NOS. 819 & 850 OF 2024
2
2 SIVAPRASADHAN PILLAI
SECRETARY, DOCUMENT WRITERS AND SCRIBES
ASSOCIATION, CHAVARA UNIT NO. 96/77, KOLLAM., PIN -
691583
3 THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, NHAI (MINISTRY
OF TRANSPORT & HIGHWAYS), PROJECT IMPLEMENTATION
UNIT, T.C. NO. 414(5), KOYIKAL VEEDU, KAVU LANE,
PALKULANGARA, THIRUVANANTHAPURAM., PIN - 695024
SRI.P.R.VENKATESH
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.09.2024, ALONG WITH R.P.NO.850 OF 2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:68057
RP NOS. 819 & 850 OF 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
RP NO. 850 OF 2024
AGAINST THE JUDGMENT DATED 19.12.2023 IN WP(C) NO.26469
OF 2020 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS IN W.P(C):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
REVENUE, SECRETARIAT, THIRUVANANTHAPURAM., PIN -
695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, KOLLAM., PIN - 691013
3 THE TAHSILDAR
KARUNAGAPPALLY TALUK OFFICE,KARUNAGAPPALLY P.O.,
KOLLAM DISTRICT., PIN - 690518
4 THE VILLAGE OFFICER
CHAVARA VILLAGE OFFICE, CHAVARA P.O., KOLLAM., PIN
- 691583
BY ADV GOVERNMENT PLEADER
RESPONDENTS/PETITIONERS IN W.P(C):
1 GOPINATHAN PILLAI
AGED 80 YEARS
PRESIDENT, DOCUMENT WRITERS AND SCRIBES
ASSOCIATION, CHAVARA UNIT NO. 96/77, KOLLAM., PIN -
691583
2024:KER:68057
RP NOS. 819 & 850 OF 2024
4
2 SIVAPRASADHAN PILLAI
SECRETARY, DOCUMENT WRITERS AND SCRIBES
ASSOCIATION, CHAVARA UNIT NO. 96/77, KOLLAM., PIN -
691583
SRI.P.R.VENKATESH
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.09.2024, ALONG WITH R.P.NO.819 OF 2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:68057
RP NOS. 819 & 850 OF 2024
5
T.R. RAVI, J.
--------------------------------------------
RP. No. 819 of 2024
in
W.P(C).No.24857 of 2022
and
R.P.No.850 of 2024
in
W.P(C).No.26469 of 2020
--------------------------------------------
Dated this the 6th day of September, 2024
ORDER
These review petitions have been filed by the State
on the ground that the judgment has been rendered without
going into the merits regarding the quantum of lease rent
that is payable by the writ petitioners and the review
petitioners are having difficulty in recovering the entire
amount due from the writ petitioners. It is stated that
revenue recovery steps had been initiated for the entire
amount due, which is already challenged before this Court in
W.P(C).Nos.38659 of 2023 and 13965 of 2024. The grievance
expressed by the review petitioners is that if the judgment
sought to be reviewed is treated as a decision regarding the
amounts payable, that would cause much difficulty to the
2024:KER:68057
RP NOS. 819 & 850 OF 2024
State. It is stated that the revenue recovery notices which
had been placed before the Court were notices issued for
amounts due under a scheme for One Time Settlement, and,
since the writ petitioners did not pay the amount as per the
One Time Settlement, the scheme no longer applies and the
State is entitled to recover the entire amount due. I find
considerable force in the contention of the review petitioners.
These review petitions are hence disposed of
clarifying that this Court has not gone into the quantum of
the amount which is due to the State towards lease rent and
the only question that was considered by this Court was
whether the writ petitioners are entitled to set off the
amounts payable to them as compensation on acquisition,
against the amounts that are due as lease rent. It is also
made clear that this Court has not stated any opinion
regarding the amounts payable and it is open to the parties to
raise their contentions in the writ petitions that are pending.
Sd/-
T.R.RAVI
JUDGE
LEK
2024:KER:68057
RP NOS. 819 & 850 OF 2024
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF THE JUDGMENT IN OS NO.
302/2016 DATED 01.03.2021.
ANNEXURE II TRUE COPY OF THE IA NO:1/24 IN OS
NO:302/2016 FILED BY THE PETITIONER DATED
29.02.2024.
ANNEXURE III TRUE COPY OF THE GOVERNMENT ORDER NO. GO
(P) 17/2020 DATED 15.02.2020.
ANNEXURE IV TRUE COPY OF THE REPORT OF THE TAHSILDAR
DATED 26.02.2024.
ANNEXURE V TRUE COPY OF THE NOTICE ISSUED BY THE
TAHSILDAR DATED 22.03.2024.
ANNEXURE VI TRUE COPY OF THE ORDER DATED 04.04.2024
IN WRIT PETITION NO. 13965/2024.
ANNEXURE VII TRUE COPY OF THE ORDER DATED 21.11.2023
IN WRIT PETITION NO. 38659/2023.
2024:KER:68057
RP NOS. 819 & 850 OF 2024
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF THE JUDGMENT IN OS NO.
302/2016 DATED 01.03.2021.
ANNEXURE II TRUE COPY OF THE IA NO. 1/24 IN OS NO.
302/2016 FILED BY THE PETITIONER DATED
29.02.2024.
ANNEXURE III TRUE COPY OF THE GOVERNMENT ORDER NO. GO
(P) 17/2020 DATED 15.02.2020.
ANNEXURE IV TRUE COPY OF THE REPORT OF THE TAHSILDAR
DATED 26.02.2024.
ANNEXURE V TRUE COPY OF THE NOTICE ISSUED BY THE
TAHSILDAR DATED 22.03.2024.
ANNEXURE VI TRUE COPY OF THE ORDER DATED 04.04.2024
IN WRIT PETITION NO. 13965/2024.
ANNEXURE VII TRUE COPY OF THE ORDER DATED 21.11.2023
IN WRIT PETITION NO. 38659/2023.
