Abdul Salam vs State Of Kerala Rep. By Principal ...
2025 Latest Caselaw 3163 Ker

Kerala High Court

Abdul Salam vs State Of Kerala Rep. By Principal ... on 31 January, 2025

Author: T.R. Ravi

Bench: T.R.Ravi

                                                      2025:KER:7726
WP(C) NO.33400 of 2023 & Conn.Cases

                                 1


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR. JUSTICE T.R.RAVI

   FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946

                      WP(C) NO. 33400 OF 2023

PETITIONER:

          K.M.NAZREENA
          AGED 64 YEARS, W/O ABDUL SALAM, GLASS NOST,
          THONDAYAD.P.O, CHEVARAMBALAM, KOZHIKODE,
          PIN - 673017.

          BY ADVS.
          NIRMAL.S
          VEENA HARI
          K. REMIYA RAMACHANDRAN
          KEERTHY JOHNSON
          POOJA JOSE


RESPONDENTS:

    1     STATE OF KERALA REP. BY PRINCIPAL SECRETARY TO
          GOVERNMENT (LAND REVENUE)SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001.

    2     DISTRICT COLLECTOR KOZHIKODE
          COLLECTORATE, CIVIL STATION, KOZHIKODE,
          PIN - 673020.

    3     SPECIAL TAHSILDAR (LAND ACQUISITION- KIIFB),
          KOZHIKODE, A-BLOCK, 2ND FLOOR, CIVIL STATION,
          KOZHIKODE, PIN - 673305.

    4     EXECUTIVE ENGINEER, PWD ROADS DIVISION, CIVIL
          STATION KOZHIKODE, PIN - 673020.
                                                     2025:KER:7726
WP(C) NO.33400 of 2023 & Conn.Cases

                              2


    5     CHIEF ENGINEER
          PWD ROADS DIVISION, THIRUVANANTHAPURAM,
          PIN - 695001.

    6     THE KONKAN RAILWAY CORPORATION LTDREP BY ITS
          CHAIRMAN & MANAGING DIRECTOR
          CORPORATE OFFICE, MELAPPUR BHAVAN, PLOT NO.6,
          SECTOR 11, CBD, BELAPUR MUMBAI, MAHARASHTRA,
          PIN - 400614.

    7     THE CHIEF ENGINEER
          THE KONKAN RAILWAY CORPORATION LTD.,
          CORPORATE OFFICE, MELAPPUR BHAVAN, PLOT NO.6,
          SECTOR 11, CBD, BELAPUR MUMBAI, MAHARASHTRA,
          PIN - 400614.

    8     ADDL.R8. CHIEF SECRETARY TO GOVERNMENT
          GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    9     ADDL.R9. PRINCIPAL SECRETARY
          PWD DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

          [ADDL. R8 & ADDL.R9 ARE IMPLEADED AS PER ORDER
          DATED 31.10.2023 IN I.A.NO.3/2023 IN
          WP(C)33400/2023].

          BY ADVS.
          SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
          KRISHNA T C

          SMT. N. SUDHA DEVI. SPL. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.01.2025, ALONG WITH WP(C).31739/2023, 36729/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                       2025:KER:7726
WP(C) NO.33400 of 2023 & Conn.Cases

                                 3



              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR. JUSTICE T.R.RAVI

   FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946

                      WP(C) NO. 31739 OF 2023

PETITIONER:

          K.M.NAJMA
          AGED 63 YEARS
          W/O. T.MUNEER, FLAT NO.18 A, GALAXY RITZ MARINA
          APARTMENT, P.O. WEST HILL, KOZHIKODE, PIN - 673005.

          BY ADVS.
          NIRMAL.S
          VEENA HARI
          K. REMIYA RAMACHANDRAN
          KEERTHY JOHNSON
          ROSE MARIYAT JOSE
          POOJA JOSE



RESPONDENTS:

    1     STATE OF KERALA REP. BY PRINCIPAL SECRETARY TO
          GOVERNMENT (LAND REVENUE),
          SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001.

    2     DISTRICT COLLECTOR KOZHIKODE
          COLLECTORATE, CIVIL STATION, KOZHIKODE,
          PIN - 673020.

    3     SPECIAL TAHSILDAR (LAND ACQUISITION- KIIFB),
          KOZHIKODE, TALUK OFFICE, MINI CIVIL STATION,
          QUAILANDY, KOZHIKODE, PIN - 673305.
                                                       2025:KER:7726
WP(C) NO.33400 of 2023 & Conn.Cases

                                  4


     4     EXECUTIVE ENGINEER
           PWD ROADS DIVISION, CIVIL STATION KOZHIKODE,
           PIN - 673020.

     5     CHIEF ENGINEER
           PWD ROADS DIVISION, THIRUVANANTHAPURAM,
           PIN - 695001.

     6     THE KONKAN RAILWAY CORPORATION LTD.REP BY ITS
           CHAIRMAN & MANAGING DIRECTOR
           CORPORATE OFFICE, MELAPPUR BHAVAN, PLOT NO.6,
           SECTOR 11, CBD, BELAPUR MUMBAI, MAHARASHTRA,
           PIN - 400614.

     7     THE CHIEF ENGINEER
           THE KONKAN RAILWAY CORPORATION LTD., CORPORATE
           OFFICE, MELAPPUR BHAVAN, PLOT NO.6, SECTOR 11,
           CBD, BELAPUR MUMBAI, MAHARASHTRA, PIN - 400614.

     8     ADDL.R8 CHIEF SECRETARY TO GOVERNMENT,
           GOVERNMENT OF KERALA, SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

     9     ADDL.R9 PRINCIPAL SECRETARY,
           PWD DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

           ADDL.R8 AND R9 IMPLEADED AS PER ORDER
           DTD.27.10.2023 IN IA 02/2023 IN THE WP(C).


           BY ADV KRISHNA T C
           SMT. N. SUDHA DEVI. SPL. GP.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.01.2025,   ALONG   WITH   WP(C).33400/2023   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                       2025:KER:7726
WP(C) NO.33400 of 2023 & Conn.Cases

                                 5



              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR. JUSTICE T.R.RAVI

   FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946

                      WP(C) NO. 36729 OF 2023

PETITIONER:

          ABDUL SALAM
          AGED 53 YEARS
          S/O. ARANHIKUNDAN HOUSE, MUNDRAMBRA, UGRAPURAM
          P.O., AREEKODE, PERUPARAMBA, MALAPPURAM,
          PIN - 673639.

          BY ADVS.
          NIRMAL.S
          VEENA HARI
          K. REMIYA RAMACHANDRAN
          KEERTHY JOHNSON
          POOJA JOSE



RESPONDENTS:

    1     STATE OF KERALA REP. BY PRINCIPAL SECRETARY TO
          GOVERNMENT (LAND REVENUE),
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

    2     DISTRICT COLLECTOR
          KOZHIKODE, COLLECTORATE, CIVIL STATION, KOZHIKODE,
          PIN - 673020.

    3     SPECIAL TAHSILDAR (LAND ACQUISITION- KIIFB)
          KOZHIKODE, A-BLOCK, 2ND FLOOR, CIVIL STATION,
          KOZHIKODE, PIN - 673305.
                                                       2025:KER:7726
WP(C) NO.33400 of 2023 & Conn.Cases

                                  6


     4     EXECUTIVE ENGINEER
           PWD ROADS DIVISION, CIVIL STATION KOZHIKODE,
           PIN - 673020.

     5     CHIEF ENGINEER
           PWD ROADS DIVISION, THIRUVANANTHAPURAM,
           PIN - 695001.

     6     THE KONKAN RAILWAY CORPORATION LTD, REP BY ITS
           CHAIRMAN & MANAGING DIRECTOR
           CORPORATE OFFICE, MELAPPUR BHAVAN, PLOT NO.6,
           SECTOR 11, CBD, BELAPUR MUMBAI, MAHARASHTRA,
           PIN - 400614.

     7     THE CHIEF ENGINEER
           THE KONKAN RAILWAY CORPORATION LTD., CORPORATE
           OFFICE, MELAPPUR BHAVAN, PLOT NO.6, SECTOR 11,
           CBD, BELAPUR MUMBAI, MAHARASHTRA, PIN - 400614.

     8     CHIEF SECRETARY TO GOVERNMENT
           GOVERNMENT OF KERALA, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001.

     9     PRINCIPAL SECRETARY
           PWD DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001.


           BY ADV KRISHNA T C
           SMT. N. SUDHA DEVI. SPL. GP.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.01.2025,   ALONG   WITH   WP(C).33400/2023   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2025:KER:7726
WP(C) NO.33400 of 2023 & Conn.Cases

                                    7


                             T.R. RAVI, J.
             --------------------------------------------
            WP(C) Nos.33400/2023, 31739/2023
                           & 36729/2023
                 --------------------------------------------
            Dated this the 31st day of January, 2025

                            JUDGMENT

The counsel for the petitioners submits that the matter

has become infructuous.

These writ petitions are hence dismissed as

infructuous.

Sd/-

T.R.RAVI JUDGE mpm 2025:KER:7726 WP(C) NO.33400 of 2023 & Conn.Cases

APPENDIX OF WP(C) 33400/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.KL11041708016/2023 DATED 11/07/2023 ISSUED BY THE VILLAGE OFFICER, THIRUVAMBADY.

Exhibit P2 TRUE COPY OF THE NOTIFICATION G.O. (P)NO.250/2022/RD DATED 06/10/2022 WHICH WAS PUBLISHED IN KERALA GAZETTE VOL.XI NO.3424 DATED 06/10/2022.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 08/12/2022 RECEIVED AND ACKNOWLEDGED BY THE 3RD RESPONDENT ON THE SAME DAY.

Exhibit P4 TRUE COPY OF THE REPLY LETTER DATED 08/09/2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER TOGETHER WITH THE PLAN AND SKETCH.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 16/09/2023.

Exhibit P6 TRUE COPY OF THE NOTIFICATION OF DECLARATION ISSUED BY THE 1ST RESPONDENT AS G.O.(P)NO.251/2023/RD DATED 29/09/2023 WHICH WAS PUBLISHED IN KERALA GAZETTE VOL.XII NO.3183 DATED 29/09/2023.

Exhibit P7 TRUE COPY OF THE COVER PAGE AND THE RELEVANT PAGE SHOWING THE EXPERTISE OF THE PETITIONER.

Exhibit P8 TRUE COPY OF THE NOTICE. NO.

D.NO.113/2023 DATED 26/09/2023.

2025:KER:7726 WP(C) NO.33400 of 2023 & Conn.Cases

Exhibit P9 TRUE COPY OF THE NOTICE. NO.

D.NO.115/2023 DATED 26/09/2023.

Exhibit P10 TRUE COPY OF THE NEWSPAPER REPORT IN MATHURBHUMI DAILY DATED 06/10/2023.

Exhibit P11 TRUE COPY OF THE REPRESENTATION MADE TO 1ST RESPONDENT DATED 10/10/2023 BY THE PETITIONER.

Exhibit P12 TRUE COPY OF THE REPRESENTATION MADE TO CHIEF SECRETARY TO GOVERNMENT DATED 10/10/2023 BY THE PETITIONER.

Exhibit P13 TRUE COPY OF THE REPRESENTATION MADE TO PRINCIPAL SECRETARY, PWD DEPARTMENT DATED 10/10/2023 BY THE PETITIONER.

2025:KER:7726 WP(C) NO.33400 of 2023 & Conn.Cases

APPENDIX OF WP(C) 31739/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTERED JENMAM ASSIGNMENT DEED NO.554/1984 OF SUB REGISTRAR'S OFFICE, KODENCHERY DATED 24/04/1984.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT NO.

KL11041705193/2022 DATED 18/05/2022 ISSUED BY THE VILLAGE OFFICER, THIRUVAMBADY.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE, THIRUVAMBADY DATED 10/02/2014.

Exhibit P4 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF THE PETITIONER DATED 10/02/2014 ISSUED BY VILLAGE OFFICER, THIRUVAMBADY.

Exhibit P5 TRUE COPY OF THE LOCATION CERTIFICATE OF THE PROPERTY OF THE PETITIONER DATED 17/02/2014 ISSUED BY VILLAGE OFFICER, THIRUVAMBADY.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 10/06/2022 MADE TO THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 10/06/2022 MADE TO THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 10/06/2022 MADE TO THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER NO.EERD-DVOKKD/90/2022-D3-PWD DATED 30/06/2022.

Exhibit P10 TRUE COPY OF THE NOTIFICATION G.O. (P)NO.250/2022/RD DATED 06/10/2022 WHICH WAS PUBLISHED IN KERALA GAZETTE VOL.XI NO.3424 2025:KER:7726 WP(C) NO.33400 of 2023 & Conn.Cases

DATED 06/10/2022.

Exhibit P11 TRUE COPY OF THE REPRESENTATION TOGETHER WITH THE POSTAL RECEIPT MADE BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P12 TRUE COPY OF THE REQUEST FOR SUPPLY OF THE PLAN AND SKETCH DATED 02/09/2023 MADE BY THE PETITIONER.

Exhibit P13 TRUE COPY OF THE LETTER DATED 08/09/2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER TOGETHER WITH THE PLAN AND SKETCH.

Exhibit P14 TRUE COPY OF THE CONTOUR SURVEY PLAN SHOWING THE LIE OF THE PROPERTY AS PER THE PROPOSED DATA SUPPLIED IN EXT.P13.

Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 16/09/2023.

Exhibit P16 TRUE COPY OF THE REPRESENTATION MADE TO 1ST RESPONDENT DATED 10/10/2023 BY THE PETITIONER.

Exhibit P17 TRUE COPY OF THE REPRESENTATION MADE TO CHIEF SECRETARY TO GOVERNMENT DATED 10/10/2023 BY THE PETITIONER.

Exhibit P18 TRUE COPY OF THE REPRESENTATION MADE TO PRINCIPAL SECRETARY, PWD DEPARTMENT DATED 10/10/2023 BY THE PETITIONER.

Exhibit P19 TRUE COPY OF THE NOTIFICATION OF DECLARATION ISSUED BY THE 1ST RESPONDENT AS G.O. (P)NO.251/2023/RD DATED 29/09/2023 WHICH WAS PUBLISHED IN KERALA GAZETTE VOL.XII NO.3183 DATED 29/09/2023.

2025:KER:7726 WP(C) NO.33400 of 2023 & Conn.Cases

APPENDIX OF WP(C) 36729/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.KL11041709934/2023 DATED 05/09/2023 ISSUED BY THE VILLAGE OFFICER, THIRUVAMBADY.

Exhibit P2 TRUE COPY OF THE LETTER NO.EERD-DVOKKD/90/2022-D3-PWD DATED 30/06/2022.

Exhibit P3 TRUE COPY OF THE NOTIFICATION G.O. (P)NO.250/2022/RD DATED 06/10/2022 WHICH WAS PUBLISHED IN KERALA GAZETTE VOL.XI NO.3424 DATED 06/10/2022.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 15/10/2022 RECEIVED AND ACKNOWLEDGED BY THE 3RD RESPONDENT ON THE SAME DAY.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 07/10/2023 MADE BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 10/10/2023 TOGETHER WITH POSTAL RECEIPT.

Exhibit P7 TRUE COPY OF THE NOTIFICATION OF DECLARATION ISSUED BY THE 1ST RESPONDENT AS G.O.(P)NO.251/2023/RD DATED 29/09/2023 WHICH WAS PUBLISHED IN KERALA GAZETTE VOL.XII NO.3183 DATED 29/09/2023.

Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 27/10/2023 IN I.A.3/2023 IN WPC.31739/2023.