Kerala High Court
Vinod Lal S vs State Of Kerala on 4 June, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
2025:KER:39393
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(C) NO. 3430 OF 2022
PETITIONER:
VINOD LAL S
AGED 48 YEARS
S/O SOMARAJAN, VINOD BHAVAN, MATHRA.P.O,
KARAVALLUR VILLAGE, PUNALUR TALUK,
KOLLAM DISTRICT, PIN-691333.
BY ADVS.
SRI.R.SURAJ KUMAR
SRI.SUNIL J.CHAKKALACKAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE DISTRICT COLLECTOR
CIVIL STATION, KUDAPANAKKUNNU.P.O,
THIRUVANANTHAPURAM, PIN-695043.
3 THE SPECIAL TAHSILDAR,
LAND ACQUISITION (GENERAL),
KUDAPANAKKUNNU.P.O,
THIRUVANANTHAPURAM,PIN-695043.
4 THE VILLAGE OFFICER,
SASTHAMANGALAM VILLAGE, SASTHAMANGALAM.P.O,
THIRUVANANTHAPURAM, PIN-695014.
W.P.(C) No. 3430 of 2022 2
2025:KER:39393
*5 KERALA WATER AUTHORITY
REPRESENTED BY THE MANAGING DIRECTOR,
VELLAYAMBALAM, THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM PIN-695 010.
(*IS IMPLEADED AS ADDL R5 AS PER ORDER DATED
20-06-2022 IN IA 1/2022 WP(C)3430/2022.)
BY ADV SRI.GEORGIE JOHNY
OTHER PRESENT:
ADV. SHEEBA G, GP & ADV. GEORGIE JOHNY, SC FOR
KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 3430 of 2022 3
2025:KER:39393
JUDGMENT
The petitioner states that property owned by him and having an extent
of 3.5 cents in Survey No.129/180 of Sasthamangalam Village was acquired
for the purpose of laying sewage lines. After the above acquisition, the
property owned by him and the land lying adjacent to the acquired property
was found to be required for effective implementation of the project. Though
the petitioner raised his objections, the same was considered by the Land
Revenue Commissioner and the same were rejected by Ext.P2 order.
Thereafter, by Ext.P3, permission was granted by the Government to the
District Collector to proceed with the acquisition of property having extent of
1.13 Ares in Survey No.129/180 of Sasthamangalam Village by invoking the
provisions of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner states
that, thereafter, the Special Tahsildar took up LAC.No.7/2015 and 8/2015
and passed orders fixing value for an extent of 1.25 Ares at the rate of
Rs.16,18,771/- per Are and it was ordered that the petitioner was entitled to
a total compensation of Rs.20,23,463/-. The grievance of the petitioner is
that the compensation for the acquired property has not been disbursed to
2025:KER:39393
him. He asserts that the actual extent of property taken possession of is 1.58
Ares and not 1.25 Ares as stated in Ext.P4. He filed Ext.P5 to initiate
appropriate steps to correct the extent and to sanction the compensation
award for the property acquired. It appears that, thereafter, Ext.P6
representation dated 15.12.2020 was submitted by the petitioner reiterating
his grievance. According to the petitioner, no orders have been passed to
date. It is in the said circumstances that this writ petition is filed seeking the
following reliefs:
(i) Issue a Writ of Mandamus or any other Writ, order or direction
to the respondent 2 and 3 to sanction the award amount to the
petitioner with respect to the additional acquisition of the
property having an extent of 1.58 Ares in Resurvey No.129/180
of Sasthamangalam Village pursuant to Exhibit P3, with
interest.
(ii) Issue a Writ of Mandamus of any other Writ, Order or direction
to the 3rd respondent to consider and take action on Exhibit P5
and P6 representations in accordance with law.
3. A detailed counter affidavit has been filed by the 3 rd respondent,
it is stated therein that sanction has been accorded by the Government for
acquisition of 1.13 Ares of land in Survey No.129/180 of Sasthamangalam
Village. It is stated that the Land Acquisition Officer had also requested the
Executive Engineer, Kerala Water Authority to furnish necessary formal
2025:KER:39393
requisition, alignment sketch and administrative sanction from the concerned
administrative department.
4. When the writ petition was taken up, Sri Suraj Kumar, the
learned counsel submitted that the petition can be disposed of in terms of
prayer No (ii).
5. In that view of the matter, there will be a direction to the
competent among respondents 2 and 3 to consider Exts. P5 and P6
representations submitted by him and finalize the proceedings, so as to
enable the petitioner to secure the award amount due to him in connection
with the acquisition of land comprised in Resurvey No.129, Block No 180 of
Sasthamangalam Village.
6. Orders as directed above shall be passed with notice to the
petitioner within an outer limit of four months.
This Writ Petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN. V
JUDGE
MSA
2025:KER:39393
APPENDIX OF WP(C) 3430/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER
NO.D.B.2/GENERAL /13
Exhibit P2 TRUE COPY OF THE ORDER NO.L.R.(C)1-
24377/2013 DATED 12.12.2013 ON THE
FILE OF THE LAND REVENUE COMMISSIONER.
Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER
(RT)NO.260/16/RD DATED 16.01.2016
Exhibit P4 TRUE COPY OF THE DRAFT AWARD INCLUDING
THE COVERING LETTER ISSUED BY THE 2ND
RESPONDENT DATED 25.06.2016
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
23.01.2017
Exhibit P6 TRUE COPY OF THE REMINDER DATED
15.12.2020
Exhibit P7 TRUE COPY OF THE REPORT DATED 1.2.2021
ISSUED BY THE 3RD RESPONDENT
