Kerala High Court
Ashalatha vs State Of Kerala Represented By Its ... on 21 January, 2025
2025:KER:4618
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 21ST DAY OF JANUARY 2025 / 1ST MAGHA, 1946
WP(C) NO. 16339 OF 2019
PETITIONER:
ASHALATHA,
AGED 64 YEARS,
W/O.HEMACHANDRAN,5/3/137,
AISWARYA, U.K.SANKUNNI ROAD,
KASBA VILLAGE,KASABA P.O., KOZHIKODE -673 001.
BY ADVS.
SRI.P.B.KRISHNAN
SRI.SABU GEORGE
SRI.P.M.NEELAKANDAN
SRI.P.B.SUBRAMANYAN
SRI.MANU VYASAN PETER
SMT.MEERA P.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KOZHIKODE-673 020.
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION, KOZHIKODE-673 020.
W.P.(C)No.16339 of 2019 2 2025:KER:4618
4 THE SPECIAL TAHSILDAR,(LA)
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
KOZHIKODE-673 020.
5 ADDL.R5. SRI.PRASAD,
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
OWNER, KERALA AUTOMOBILES, SREEDHAR BUILDING,
EAST NADAKKAVU, KOZHIKODE - 673 006.
6 ADDL.R6. SRI.SHAJI,
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
OWNER, MAVELLOUS COLD WELDING, SREEDHAR BUILDING,
EAST NADAKKAVU, KOZHIKODE - 673 006.
7 ADDL.R7. SRI.SURESH,
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
OWNER, SS SHOCK ABSORBER AND RE-CONDITIONING,
SREEDHAR BUILDING, EAST NADAKKAVU,
KOZHIKODE - 673 006.
8 ADDL.R8. SRI.SOMANATHAN,
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
PROPRIETOR, PAZHASSIRAJA COLLEGE, SREEDHAR BUILDING,
EAST NADAKKAVU, KOZHIKODE - 673 006.
ADDITIONAL RESPONDENTS 5 TO 8 IMPLEADED AS PER ORDER
DATED 27.07.2020 IN I.A.01/2020.
BY ADVS.
GOVERNMENT PLEADER
SRI.K.S.AJAYAGHOSH
OTHER PRESENT:
SRI.E.G.GORDEN,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.16339 of 2019 3 2025:KER:4618
JUDGMENT
The petitioner and her siblings were in possession of 2.62 Ares
of property in R.S No. 650/2 of Kacheri Village in Kozhikode District,
and the buildings therein. The 4th respondent herein sought to
acquire the afore properties including the buildings erected therein,
with reference to the provisions of the Land Acquisition Act, 1894, for
the purpose of widening Vellimadukunnu- Mananchira road.
2. The petitioner and her siblings entered into a
negotiated settlement with the requisitioning authority. Ext.P1 sale
deed is stated to have been executed on 31.08.2017. However, the
petitioner complaints that the amounts payable pursuant to the sale
deed Rs.1,22,96,431/- was not paid to the owners.
3. It is in such circumstances, the petitioner has filed
the captioned writ petition essentially contending that payments are
not been effected, since according to the requisitioning authority, it is
for the petitioner and her siblings to ensure that the tenants of the
building are evicted and vacant possession provided to the
requisitioning authority.
W.P.(C)No.16339 of 2019 4 2025:KER:4618
4. Pending the writ petition, the entire consideration as
per Ext.P1 is already paid to the petitioner. The petitioner has also
sought for impleading the tenants- respondents 5 to 8.
5. I have heard Sri. Sabu George, the learned counsel
for the petitioner, Sri. E.G. Gorden, the learned Senior Government
Pleader for respondents 1 to 4 and Sri. K.S. Ajayaghosh, for the
respondents 6 and 7.
6. The only subsisting grievance of the petitioner is
regarding the entitlement of the petitioner for seeking a reference by
treating Ext.P1 as a deemed award.
7. I notice that this Court in various judgments have
held that even in such cases were property is being purchased after
negotiated settlement, the character of the acquisition does not
change. This Court in Sakthidharan v. Special Tahsildar [2017
(3) KLT 1109] has held that in such cases also the agreement of sale
is to be treated as a deemed award, so as to seek enhancement
within the provisions of the 2013 Act.
8. In the light of the afore, I dispose of this writ petition
by declaring that the sale deed at Ext.P1 is to be deemed to be an
award within a meaning of the provisions of the Right to Fair
Compensation & Transparency in Land Acquisition, Rehabilitation and
W.P.(C)No.16339 of 2019 5 2025:KER:4618
Resettlement Act, 2013, and that on account of the afore, the
petitioner would be entitled to seek enhancement under the
provisions of the statute. I make it clear that I have not made any
consideration as regards the entitlement of the tenants of the
petitioner.
Needless to say, that the 2nd respondent to refer the claim of
the petitioner as above, as expeditiously as possible.
Sd/-
HARISANKAR V. MENON
JUDGE
ANA
W.P.(C)No.16339 of 2019 6 2025:KER:4618
APPENDIX OF WP(C) 16339/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DRAFT OF THE SALE DEED
DATED 31.8.2017
EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 30.10.2017
ISSUED BY RESPONDENT NO.4.
EXHIBIT P3 A TRUE COPY OF THE REPLY DATED 03.11.2017
GIVEN BY THE PETITIONER TO RESPONDENT NO.4.
EXHIBIT P4 A TRUE COPY OF THE APPLICATION, DATED
23.11.2017,SUBMITTED UNDER THE RIGHT TO
INFORMATION ACT, 2005 BEFORE RESPONDENT
NO.4.
EXHIBIT P5 A TRUE COPY OF THE REPLY DATED 8.12.2017.
EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 14.12.2017.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 5.2.2018
ISSUED BY RESPONDENT NO.4.
EXHIBIT P8 A TRUE COPY OF THE LAWYER NOTICE DATED
25.3.2019.
Exhibit P9 A TRUE COPY OF PROCEEDINGS NO.B.527/18
DATED 24-03-2023 ISSUED BY RESPONDENT NO.4.
Exhibit P10 A TRUE COPY OF LETTER, DATED 25-03-2023
SUBMITTED BY RESPONDENT NO.4 TO RESPONDENT
NO.2.
Exhibit P11 A TRUE COPY OF THE LIST SHOWING THE NAME OF
THE TENANTS AND EMPLOYEES IN THE BUILDING
AND THE COMPENSATION FIXED FOR THEM ISSUED
BY RESPONDENT NO.4 AND OTHERS ON 25-03-
2023.
Exhibit P12 TRUE COPY OF PHOTOGRAPHS SHOWING THE
PRESENT POSITION OF THE BUILDINGS.
W.P.(C)No.16339 of 2019 7 2025:KER:4618
Exhibit P13 A TRUE COPY OF THE STABILITY CERTIFICATE,
DATED 02-04-2024 ISSUED BY CHARLEY
J.THOMAS, CHARRTERED ENGINEER AND APPROVED
VALUER.
RESPONDENT EXHIBITS
EXHIBIT R6(a) A TRUE COPY OF THE RENT RECEIPT NO.791
DATED 01.07.2020 FOR RS.1500/- ISSUED BY
V.T. DEEPA TO ADDITIONAL 6TH RESPONDENT.
EXHIBIT R6(b) A TRUE COPY OF THE RENT RECEIPT NO.792
DATED 01.07.2020 FOR RS.1500/- ISSUED BY
V.T DEEPA TO ADDITIONAL 7TH RESPONDENT.
