Kerala High Court
Kochi Metro Rail Limited vs Gracy George on 29 January, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
R.P.No.766 of 2020 &
WP(C)No.11069 of 2018 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 29TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946
RP NO. 766 OF 2020
AGAINST THE JUDGMENT DATED 08.04.2019 IN WP(C) NO.11069
OF 2018 OF HIGH COURT OF KERALA
REVIEW PETITIONER/2ND RESPONDENT :
KOCHI METRO RAIL LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR,
ERNAKULAM,
ERNAKULAM DISTRICT-KOCHI-682011.
BY ADVS.
P.A.AUGUSTINE AREEKATTEL
RONY AUGUSTINE(K/1546/2018)
RESPONDENTS/PETITIONERS & RESPONDENTS 1,3 TO 9 IN THE
WRIT PETITION:
1 GRACY GEORGE
AGED 85 YEARS
W/O. LATE GEORGE JOHN,
BETHEL, AMBELIPADAM ROAD,
VYTTILA, KOCHI-682 019,
ERNAKULAM DISTRICT.
2 DR. GEEGEE GEORGE,
AGED 59 YEARS
D/O. LATE GEORGE JOHN, BETHEL,
AMBELIPADAM ROAD, VYTTILA, KOCHI-682 019,
(PRESENT ADDRESS DR. GEEGEE GEORGE,
THE CLIFF SCHOOL, WOOD COCK ROAD, OOTTY 1,
TAMIL NADU, NILGIRI DISTRICT,
REPRESENTED BY HER MOTHER AND POWER OF ATTORNEY
HOLDER GRACY GEORGE, AGED 85 YEARS,
R.P.No.766 of 2020 &
WP(C)No.11069 of 2018 2
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W/O. LATE GEORGE JOHN, BETHEL,
AMBELIPADAM ROAD, VYTTILA, KOCHI-682 019,
ERNAKULAM DISTRICT.
3 STATE OF KERALA,
REP. BY DISTRICT COLLECTOR,
ERNAKULAM, KAKKANAD,
ERNAKULAM DISTRICT, KOCHI-682 030
4 SPECIAL TAHSILDAR (LA) NO.1,
KOCHI RAIL PROJECT, ERNAKULAM,
KAKKANAD, ERNAKULAM DISTRICT,
KOCHI-682 030
5 BEENA SAJU,
W/O. SAJU M. JOSEPH, AGED 56 YEARS,
MATTAMANA, THOTTUNKAL LANE,
PETTA, POONITHURA,
ERNAKULAM DISTRICT-682317
6 R. PRASANTH,
AGED 50 YEARS, S/O. RAGHUNATHAN,
GAURISANKARAM, POONITHURA,
ERNAKULAM DISTRICT-682 317
7 T.V. VENU,
AGED 58 YEARS
S/O. T.V. VELU, THEKKEDATH HOUSE,
POONITHURA, ERNAKULAM DIISTRICT-682 317
8 VIDYASAGAR,
AGED 56 YEARS,
S/O. DANIEL RUDRAPATHY,
29/2490D, POONITHURA,
ERNAKULAM DISTRICT-682 317
9 E.K. SUBRAMANIAN,
AGED 67 YEARS,
S/O. E.G. KRISHNAN,
29/2490C, POONITHURA,
ERNAKULAM DISTRICT-682 317.
10 SWARNAMMAL K.R,
AGED 66 YEARS,
W/O. ANANDARAMAN,
29/2490E, ANJANEYAM, POONITHURA,
ERNAKULAM DISTRICT-682 317
R.P.No.766 of 2020 &
WP(C)No.11069 of 2018 3
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11 THE SECRETARY,
COCHIN CORPORATION,
ERNAKULAM-682 011
BY ADVS.
SRI.L.ALOYSIUS THOMAS
SRI.RAAJESH S.SUBRAHMANIAN
SRI.R.HARISHANKAR
SRI.JAFFERKHAN Y, SR.GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
29.01.2025, ALONG WITH WP(C)NO.11069/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
R.P.No.766 of 2020 &
WP(C)No.11069 of 2018 4
2025:KER:7275
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 29TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946
WP(C) NO. 11069 OF 2018
PETITIONERS:
1 GRACY GEORGE
AGED 83 YEARS
W/O. LATE GEORGE JOHN, BETHEL,
AMBELIPADAM ROAD, VYTTILA, KOCHI - 682 019,
ERNAKULAM DISTRICT.
2 DR. GEEGEE GEORGE
AGED 57 YEARS, D/O.LATE GEORGE JOHN, BETHEL,
AMBELIPADAM ROAD, VYTTILA, KOCHI - 682 019
(PRESENT ADDRESS: DR. GEEGEE GEORGE, THE CLIFF
SCHOOL, WOOD COCK ROAD, OOTTY - 1,TAMIL NADU,
NILIGIRI DISTRICT), REPRESENTED BY HER MOTHER AND
POWER OF ATTORNEY HOLDER GRACY GEORGE, AGED 83
YEARS,
W/O.LATE GEORGE JOHN, BETHEL, AMBELIPADAM ROAD,
VYTTILA, KOCHI - 682 019, ERNAKULAM DISTRICT.
BY ADVS.
SRI.L.ALOYSIUS THOMAS
SRI.K.A.SHAJI MATHEW
RESPONDENTS :
1 STATE OF KERALA
REP. BY DISTRICT COLLECTOR, ERNAKULAM,
KAKKANAD, ERNAKULAM DISTRICT,
KOCHI - 682 030.
2 KOCHI METRO RAIL PROJECT
REP. BY ITS MANAGING DIRECTOR,
ERNAKULAM, ERNAKULAM DISTRICT, KOCHI - 682 011.
3 SPECIAL TAHSILDARLA NO.I
KOCHI METRO RAIL PROJECT, ERNAKULAM,
KAKKANAD, ERNAKULAM DISTRICT, KOCHI - 682 030.
R.P.No.766 of 2020 &
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4 BEENA SAJU
W/O. SAJU M. JOSEPH, AGED 54 YEARS, MATTAMANA,
THOTTUNKAL LANE, PETTA, POONITHURA,
ERNAKULAM DISTRICT, PIN - 682 317.
5 R. PRASANTH
AGED 48 YEARS, S/O. REGHUNATHAN,
GAURI SANKARAM, POONITHURA,
ERNAKULAM DISTRICT, PIN - 682 317.
6 T.V VENU
AGED 56 YEARS, S/O. T.V VELU,
THEKKEDATH HOUSE,POONITHURA,
ERNAKULAM DISTRICT, PIN - 682 317.
7 VIDHYASAGAR
AGED 54 YEARS, S/O. DANIEL RUDRAPATHY,
29/2490 D, POONITHURA,
ERNAKULAM DISTRICT, PIN - 682 317.
8 E.K SUBRAHMANIAN
AGED 65 YEARS
S/O. E.G KRISHNAN, 29/2490 C,
POONITHURA, ERNAKULAM DISTRICT, PIN - 682 317.
9 SWARNAMMAL K.R.,
AGED 64 YEARS, W/O. ANANDARAMAN,
29/2490 E, ANJANEYAM, POONITHURA,
ERNAKULAM DISTRICT, PIN - 682 317.
ADDL.R10 THE SECRETARY,
COCHIN CORPORATION, ERNAKULAM-682011.
ADDITIONAL R10 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 12/03/2019 IN WPC 11069/2018.
BY ADVS.
GOVERNMENT PLEADER
SRI.RAAJESH S.SUBRAHMANIAN,SC,COCHIN CO
SRI.K.JAJU BABU SR.
SRI.SUNU P.JOHN
SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
29.01.2025, ALONG WITH RP NO.766/2020, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
R.P.No.766 of 2020 &
WP(C)No.11069 of 2018 6
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ORDER
Read order dated 20.11.2024.
It is submitted that the Tahsildar passed fresh orders
cancelling the land acquisition proceedings including the taking of
possession. In view of the above, nothing further survives.
Accordingly, this review petition is allowed and the judgment dated
08.04.2019 is recalled and the same is dismissed in the light of the
decision of the Tahsildar. The parties, who are aggrieved by the
decision of the Tahsildar, are free to challenge the order in an
appropriate manner.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
rkj
R.P.No.766 of 2020 &
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APPENDIX OF WP(C) 11069/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF REPLY DATED 26.6.2014 ISSUED
BY CORPORATION OF KOCHI, VYTTILA ZONAL
OFFICE TO SRI. YOHANNAN FERNANDEZ, AS PER
RTI ACT.
EXHIBIT P2 TRUE COPY OF ORDER NO. S210066/14 DATED
30.4.2015 OF THE ADDITIONAL TAHSILDAR,
KANAYANNOOR TALUK.
EXHIBIT P3 TRUE COPY OF TAX RECEIPT DATED 20.5.2015
IN RESPECT OF 1.16 ARES OF LAND IN SY.
NO. 1301/1 ISSUED FROM POONITHURA VILLAGE
OFFICE.
EXHIBIT P3(A) TRUE COPY OF TAX RECEIPT DATED 20.5.2015
IN RESPECT OF 0.48.5 ARES OF LAND IN SY.
NO. 1301/1 ISSUED FROM POONITHURA VILLAGE
OFFICE.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT DATED 19.9.2016.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 24.8.2017
IN W.P.(C) NO. 41221/2017 OF THIS HON'BLE
COURT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED NIL OF THE
3RD RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R3(A) TRUE COPY OF THE LETTER ISSUED BY THE
KOCHI MUNICIPAL CORPORATION DATED
06/12/2017.
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RESPONDENT EXHIBITS
EXHIBIT R4(a) True Copy of the Area Register pertaining
to the land comprised in Survey No.
1301/1.
EXHIBIT R4(b) True Copy of the Form No.7 pertaining to
the land comprised in Survey No.1301/1.
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE LETTER NO.LA.C 35/2013
DATED 17.9.2020 ISSUED BY THE 4TH
RESPONDENT TO THE REVIEW PETITIONER.
ANNEXURE B TRUE COPY OF THE LETTER NO.
KMRL/LEGAL/10/2020-21 DATED 21.9.2020
SENT BY THE REVIEW PETITIONER TO THE 4TH
RESPONDENT.
