Kerala High Court
S. Ravi vs State Of Kerala on 19 June, 2025
2025:KER:44390
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947
WP(C) NO. 6347 OF 2025
PETITIONER:
1 S. RAVI
AGED 67 YEARS
S/O. SUBRAMANIYAN NAIR, VALUTHUNDIL HOUSE,
KONNI-MANGARAM MURI, KONNI VILLAGE,
PATHANAMTHITTA DISTRICT. PIN 689 691
NOW RESIDING AT: 601, NEW VISWAS CHS, PLOT NO. 422,
NEAR JOY HOSPITAL, CHEMBUR, MUMBAI, PIN - 400071
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
SHRI.MANU SANKAR P.
SHRI.AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 COMMISSIONER FOR LAND REVENUE
PUBLIC OFFICE BUILDINGS, MUSEUM JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
4 DISTRICT COLLECTOR
CIVIL STATION, PATHANAMTHITTA, PIN - 689645
5 SPECIAL TAHSILDAR
LAND ACQUISITION (GENERAL),
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W.P.(C.) No.6347 of 2025
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PATHANAMTHITTA, PIN - 689645
6 TAHSILDAR
TALUK OFFICE, KONNI,
PATHANAMTHITTA DISTRICT, PIN - 689691
7 TALUK SURVEYOR
TALUK OFFICE, KONNI,
PATHANAMTHITTA DISTRICT, PIN - 689691
8 VILLAGE OFFICER
TALUK OFFICE, KONNI,
PATHANAMTHITTA DISTRICT, PIN - 689691
9 KONNI GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, KONNI P.O,
PATHANAMTHITTA DISTRICT, PIN - 689691
0 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC),
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695023
BY ADVS.
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
SRRI.RAJEEV V.K., STANDING COUNSEL FOR R9
SRI.AKHIL SURESH, STANDING COUNSEL FOR KSRTC
SRI.P.C.CHACKO(PARATHANAM)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ORDERS ON
19.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C.) No.6347 of 2025
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C. JAYACHANDRAN, J.
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W.P.(C.) No.6347 of 2025
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Dated, this the 19th day of June, 2025
JUDGMENT
A land acquisition proceedings which is initiated way back
in the year 2013 still impacts the petitioner with its
rippling effects. The petitioner claims title to landed
property having an extent to 44 ares. This land was sought
to be acquired for setting up a K.S.R.T.C. bus stand, for
which, Ext.P3 notification was issued under Section 4(1) of
the Kerala Land Acquisition Act, 1894. According to the
petitioner, the property was taken possession of by the
respondents concerned immediately thereafter. However, no
Award was passed either under the old Act or under the
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
('2013 Act', for short). In such circumstances, the
petitioner approached this Court in the year 2017 by filing
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W.P.(C.) no.26069/2017 seeking restoration of the property.
In that case, the learned Government Pleader took the stand
that the possession of the property has not been taken
over, though it was asserted that the property was required
for public purpose for which notification has been
published. Learned Government Pleader also submitted that
steps are being taken to pass Award under the 2013 Act.
Ext.P6 is the judgment passed in the said Writ Petition,
which gave a peremptory direction to respondents concerned
to pass Award in respect of the property in accordance with
the provisions of the 2013 Act within two months from the
date of judgment (02.04.2017). The next direction is
important and is extracted here below:
"It is made clear that if the award is not
passed within two months from today as
directed above, the petitioner will be free
to enclose the property and enjoy the same.
In so far as the case of the petitioner that
the property has already been taken
possession is disputed, the petitioner is
permitted to institute appropriate
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proceedings for realisation of damages from
the respondents concerned for the alleged
illegal use of the property."
2. Immediately upon expiry of two months, the petitioner
preferred Ext.P6(a) application before the District
Collector, as also, Special Tahsildar. However, no action
ensued. It is the case of the petitioner that he was
residing at Mumbai and owing to the floods of the year 2018
followed by the Covid 19 pandemic, the petitioner could not
seek immediate remedial action for the inaction of the
respondents. Nevertheless, the petitioner was approaching
the District Collector and he has attended certain hearing
as well. The petitioner was regularly paying the tax till
2023. In the year 2023, when the petitioner approached the
Village Officer for payment of tax, the same was refused
vide Ext.P7, with an endorsement that the land in question
is in possession of the K.S.R.T.C. The petitioner would
submit that Ext.P7 is illegal in view of Ext.P6 judgment.
The petitioner also filed an application under Form no.10
of the Kerala Survey and Boundaries Act, 1961 to measure
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out and demarcate the property of the petitioner, in which
also, no action ensued, is the grievance espoused.
3. Learned Government Pleader, who appears for
respondents 1 to 8, would submit that necessary action in
Ext.P8 application is being taken and that, the property
will be measured and demarcated within a period of two
months. As regards non-acceptance of land tax, it is the
submission of the learned Senior Government Pleader that
the same was for reason of the entry in the record to the
effect that the property is in the possession of the
K.S.R.T.C.
4. Learned Counsel for the 10 th respondent K.S.R.T.C.
would submit that an extent of 2.41 acres of land has
already been handed over to the K.S.R.T.C. and that, the
land of the petitioner is an adjacent land. There was an
agreement/understanding between the 9 th respondent
Panchayat and the 10th respondent K.S.R.T.C. that the
petitioner's property will also be made available for the
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purpose of the 10th respondent K.S.R.T.C. and that the
payment will be made by the Panchayat to the petitioner.
5. Learned Standing Counsel for the 9 th respondent
Panchayat would submit that though the land acquisition
proceedings in respect of the subject land has not taken
place. The Panchayat has deposited sum of Rs.18 lakhs with
the District Collector for the same. As regards the said
payment, this Court can only observe that, inasmuch as the
acquisition proceedings has not progressed, it will be for
the Panchayat to initiate steps to recover the said amount
from the District Collector appropriately, in accordance
with law.
6. Having regard to the facts and circumstances and
having heard the learned Counsel appearing for the
respective parties afore referred, this Court notice that
refusal to accept tax vide Ext.P7 cannot be sustained in
law, especially in view of Ext.P6 judgment, which clearly
recognizes the petitioner's right to enclose the property
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and enjoy the same, on the event of the authorities failing
to pass an Award within two months from the date of that
judgment. Admittedly, no Award is passed. Ext.P6 judgment
also permitted the petitioner to institute proceedings for
realization of damages for the illegal use of land, which,
however, has not been availed of by the petitioner. Ext.P6
would make explicit the specific title of the petitioner
over the land in question, which was clouded only on
account of Ext.P3 notification, which was issued in the
year 2013. The rights, if any, of the concerned respondents
over that property to acquire the same, pursuant to Ext.P3
notification, has expired on account of their own conduct
to act in accord with Ext.P6 judgment, that is to say, to
pass an Award within a period of two months from the date
of the judgment. It is settled that the State, or for that
matter, the instrumentalities of the State cannot deprive a
person of his rights under Article 300A of the
Constitution, except by the authority of law. In the
instant case, procedure was initiated, but not taken to a
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logical culmination. However, the petitioner was deprived
of his right over the property for a considerably long
period, from 2013 onwards, which continues even now. It may
be one thing to say that the respondents have the right to
acquire any property for a public purpose. However, once
the proceedings are initiated, the same has to be completed
within a reasonable time as enjoined by the Statute and it
requires no emphasis that the deprivation of the property
should be only in accordance with law, that is to say, by
paying compensation as per the scheme of the Statute. In
the instant case, no compensation, whatsoever, has been
paid to the petitioner. An Award even has not been passed.
In the circumstances, the petitioner's title over the said
property cannot be called in question, anymore.
7. It follows that the petitioner has a right to get the
land tax remitted in respect of the said property.
8. Ext.P7 is set aside. There will be a direction to the
8th respondent Village Officer to accept tax from the
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petitioner. Necessary action in terms of law in Ext.P8
shall be taken and completed by respondents 6 and 7
expeditiously, at any rate, within a period of two months
from the date of receipt of a copy of this judgment.
Needless to say that opportunity of being heard shall be
granted to the petitioner, as also, to affected parties, if
any, before completion of that exercise. The petitioner
will produce a copy of this judgment before respondents 6
and 7, for compliance.
The Writ Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/ska
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APPENDIX OF WP(C) 6347/2025
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO.
3919/1995 OF KONNI SRO
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT BEARING
NO. KL03060401557/ 2023 DATED 24.04.2023 OF
KONNI VILLAGE OFFICE WITH RESPECT TO THE
SAID PROPERTY
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 15.06.2013
BEARING NO. B-1864/12 IN FORM NO. 4B
REGARDING THE NOTIFICATION AND PUBLICATIONS
AS PROVIDED IN SECTION 4(1) OF THE LAND
ACQUISITION ACT, 1894 [ACT 1 OF 1894]
EXHIBIT P4 TRUE COPY OF THE LETTER BEARING NO.
67179/B3/14 DATED 25.02.2015 ISSUED ON
BEHALF OF THE 2ND RESPONDENT TO THE
DISTRICT COLLECTOR
EXHIBIT P5 TRUE COPY OF THE LETTER BEARING NO. B-
764/17 DATED 16.05.2017 ISSUED BY THE STATE
PUBLIC INFORMATION OFFICER OF THE OFFICE OF
L.A. GENERAL, PATHANAMTHITTA, TO THE
PETITIONER
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 24.08.2017
IN WPC NO.26069 OF 2017 BEFORE THIS HON'BLE
COURT
EXHIBIT P6(A) TRUE COPY OF THE REMINDER LETTER DATED
26.10.2017 ISSUED BY PETITIONER TO THE 4TH
AND 5TH RESPONDENTS
EXHIBIT P7 TRUE COPY OF THE PRINT OUT OF REVENUE
DEPARTMENT WEB PORTAL FOR THE THANDAPER
DETAILS NO. 033/5283 DATED NIL IN THE NAME
OF PETITIONER
EXHIBIT P8 TRUE COPY OF FORM NO.10 APPLICATION DATED
05.02.2025 SUBMITTED BY THE PETITIONER
EXHIBIT P9 TRUE COPY OF THE RECEIPT NO. 27/2025 DATED
05.02.2025 ISSUE FROM VILLAGE OFFICE, KONNI
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
