Kerala High Court
Anu J.Kadavan vs State Of Kerala on 20 June, 2025
2025:KER:44503
W.P.(C). No.41500 of 2022 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 41500 OF 2022
PETITIONERS:
1 ANU J.KADAVAN
AGED 40 YEARS
W/O. MARTIN PAUL MAMBILLY, KADAVIL VILLA,
CHEMBARAKKI, VAZHAKULAM, ERNAKULAM DISTRICT.
2 MARTIN PAUL MAMBILLY,
AGED 49 YEARS S/O.PAUL MAMBILLY, KADAVIL VILLA,
CHEMBARAKKI, VAZHAKKULAM, ERNAKULAM DISTRICT.
BY ADV SRI.BENOY K.KADAVAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY TO DEPARTMENT OF LAND
REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION KAKKANAD, ERNAKULAM-
682030.
3 DEPUTY COLLECTOR,
LAND ACQUISITION (GENERAL), CIVIL STATION,
KAKKANAD-682030.
4 SPECIAL TAHSILDAR,
LAND ACQUISITION (GENERAL), CIVIL STATION,
KAKKANAD-682030.
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W.P.(C). No.41500 of 2022 :2:
5 ASSISTANT EXECUTIVE ENGINEER,
PWD ROAD, SUB DIVISION, PERUMBAVOOR, ERNAKULAM-
683542.
6 ASSISTANT ENGINEER,
P.W.D.ROAD SECTION, PERUMBAVUR, ERNAKULAM -683542.
OTHER PRESENT:
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C). No.41500 of 2022 :3:
VIJU ABRAHAM, J.
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W.P.(C) No.41500 of 2022
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Dated this the 20th day of June, 2025
JUDGMENT
The petitioners have approached this Court seeking a
direction to respondents 1 to 4 to complete the land acquisition
proceedings initiated in respect of 10.653 cents of property of the
petitioners as per the undertaking given in E.P.No.113/2015 of
Munsiff Court, Perumbavoor within a time frame to be fixed by this
Court.
2. It is averred that the 1 st petitioner along with her mother
owned 606.81 Ares of Property in Vazhakkulam Village,
Kunnathunadu Taluk and on the demise of the mother on
24.08.2020, the said property is in ownership and possession of
petitioners 1 and 2. The western side of the said property is a
panchayat Road. On 07.01.2009 at the instance of the 5 th
respondent and the Panchayat Ward Member of the Vazhakulam
Grama Panchayat, a group of persons encroached the property
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owned by the 1st petitioner and her mother and removed the soil
and thereby widened the panchayat road to 8 meters. Aggrieved by
the same, the petitioners filed a suit before the Munsiff's Court,
Perumbavoor, as OS No.273/2009 seeking declaration of title over
the encroached property by the trespassers and recovery of
possession of the said property and also for a permanent
prohibitory injunction restraining the defendants from trespassing
into the property of the petitioners and also sought for damages.
The said suit was decreed as per Ext.P1, as prayed for. As the
defendants did not comply with the judgment and decree, an
Execution Petition was filed as EP No.103/2015 before the Munsiff
Court, Perumbavur. During the proceedings of the Execution
Petition, Ext.P3 memo was filed by the learned Government
Pleader intimating the Court that the decree holder has agreed to
hand over her land extending 10.563 cents to the Government for
expansion of Aluva-Munnar Road, under the Land Acquisition Act
and that the matter has already been taken up with the
Government for sanction. Recording the same, the Execution
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Petition was closed as per Ext.P5. Even though the E.P. was closed
as early as in 2016, no action has been taken till date for
acquisition of the land and for paying compensation due to the
petitioners.
3. A statement has been filed by the 5th respondent wherein
paragraph 4 reads as follows:
"4. As directed by the Government, the then Assistant Executive
Engineer had visited the Special Secretary to Government on
20.06.2017 and discussed the matter. Again it was directed by the
Government to Panchayat authorities and to submit a report after
verifying village records. Accordingly a meeting was conducted on
05.10.2017 with the petitioner Smt.Leela J Kadavan and
Vazhakkulam Grama Panchayat authorities. During the meeting the
elected representatives of Vazhakkulam Grama Panchayat argued
that the petitioner had willingly surrendered the land for
development of Kunnuvazhi -Kizhakkambalam road. This matter
had been informed to the Executive Engineer, PWD Roads Division,
Muvattupuzha by the then Assistant Executive Engineer vide letter
No.PR-380/09 dated 10.10.2017. Since the decision from the
Government is not received, the Assistant Executive Engineer has
submitted a request to the higher authorities for speedy disposal of
the Acquisition proposal vide letter P-61/2007 dated 17.02.2025."
Going by the averment in paragraph 4, the only reason for not
initiating land acquisition proceedings is that the decision from the
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Government is not yet received and thereupon the Assistant
Executive Engineer has again submitted a request before the
higher authorities for a speedy disposal of the acquisition
proceedings vide letter No. P-61/2007 dated 17.02.2025.
4. Admittedly the property was encroached upon and has
been formed a road as early as in 2009. The decree was passed in
favour of the petitioner on 30.09.2013 and execution petition was
closed as per Ext.P5 dated 29.07.2016, based on Ext.P3 memo filed
by the learned Government Pleader. In spite of all these, no action
has been taken by the Government to acquire the land and to pay
compensation due to the petitioner.
5. In view of the above facts and circumstances, I find no
reason for the Government to delay the acquisition proceedings
and pay the compensation amount admittedly due to the petitioner
as per the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013(in short 'the LARR Act, 2013'). This Court while
considering a similar situation in Asokan R. v. State of
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Kerala[2024 (4) KHC 260] has held as follows:
"13. In view of the above, the stand of the Government that the
fixation of the land value will be on the value as prevailing on the
date of the original surrender of land cannot be accepted. When
the land of the petitioners was surrendered on a promise given by
the Government regarding certain benefits as evident from Exts.P5
and P6 without giving any compensation towards the acquisition
and later the Government retracted from the said promise and
utilized the land for the project without paying any amount to the
petitioners for almost a decade, I am of the view that the
Government is bound to proceed for the acquisition of land as per
the provisions of the LARR Act, 2013 for determining adequate
compensation due to the petitioners, if not, the Government will be
playing fraud on the citizens.
Therefore, the above writ petition is disposed of with a
direction to the respondents to grant compensation for the land
taken over from the petitioners by initiating proceedings as per the
provisions under the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and
the value of the land will be assessed as it prevailed on the date on
which Section 11 notification is published in the Official Gazette.
On the basis of the same, the award will be passed in accordance
with law, at any rate within an outer limit of 3 months from the
date of receipt of a copy of the judgment and thereafter, the
compensation amount/award amount shall be paid to the
claimants/petitioners along with all statutory benefits within a
further period of one month. Since the property has already been
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taken over and a road has been formed long back, it is made clear
that the proceedings now directed to be initiated by this court as
per the provisions of the LARR Act, 2013 including issuance of
Section 11 notification for the purpose of ascertaining the land
value as on the date of the said notification and the passing of the
award are intended only for fixing adequate compensation to be
paid to the petitioners and therefore it is made clear that the
proceedings shall be treated as deemed acquisition proceedings
and only steps provided as per the LARR Act, 2013 that are
required for fixation of adequate compensation alone need be
initiated by the respondents. The petitioners will be entitled to
pursue the statutory remedies available to them for further
enhancement of compensation, if so desired."
Taking into consideration the above facts and circumstances,
I am inclined to dispose of the writ petition directing respondents 1
to 4 to see that land acquisition proceedings are initiated and the
same is completed without any delay, at any rate, within an outer
limit of six months from the date of receipt of a copy of this
judgment, following the provisions of the LARR Act, 2013. As held
in Asokan R.'s case cited (Supra), in this case also initiation of the
proceedings as per the provisions of the LARR Act, 2013 as
directed by this Court, is for the purpose of ascertaining the land
value as on the date of the said notification and the passing of the
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award and is intended only for fixing adequate compensation to be
paid to the petitioners and therefore it is made clear that the
proceedings shall be treated as deemed acquisition proceedings
and only steps provided as per the LARR Act, 2013 that are
required for fixation of adequate compensation alone need be
initiated by the respondents. The petitioners will be entitled to
pursue the statutory remedies available to them for further
enhancement of compensation, if so desired.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
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APPENDIX OF WP(C) 41500/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 30.9.2013
IN OS NO.273/2009 OF MUNSIFF'S COURT,
PERUMBAVOOR.
Exhibit P2 TRUE COPY OF THE EXECUTION PETITION FILED
(EP NO.113/2015 IN OS NO.273/2009 BY THE
PETITIONERS).
Exhibit P3 TRUE COPY OF THE MEMO DATED 27.7.2016
FILED BY THE ADDL. GOVERNMENT PLEADER,
PERUMBAVOOR, IN EP NO.113/2015 IN OS
NO.273/2009.
Exhibit P4 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE ASST. EXE. ENGINEER, DATED 13.7.2016
WITH THE GP ADDL. MUNSIFF'S COURT,
PERUMBAVOOR.
Exhibit P5 TRUE COPY OF THE ORDER DATED 29.7.2016 OF
MUNSIFF COURT, PERUMBAVOOR, IN EP
NO.113/2015 IN OS NO.273/2009.
Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BY
THE 1ST PETITIONER'S MOTHER BEFORE THE
5TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED
18.2.2020 ISSUED BY DISTRICT COLLECTOR,
ERNAKULAM TO TAHSILDAR LAND RECORDS,
KUNNATHUNAD.
