Kerala High Court
The District Collector vs Abusa Beevi on 21 March, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:24467
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946
RP NO. 1305 OF 2024
JUDGMENT DATED 15.06.2023
ARISING FROM : WP(C) NO.6857 OF 2022
REVIEW PETITIONER/RESPONDENT 1 TO 3 & 5 IN W.P.(C):
1 THE DISTRICT COLLECTOR
KOLLAM DISTRICT, COLLECTORATE,
CIVIL STATION, KOLLAM., PIN - 691001.
2 THE AUTHORIZED OFFICER/DEPUTY COLLECTOR
(LAND ACQUISITION - NATIONAL HIGHWAYS)
COLLECTORATE, CIVIL STATION, KOLLAM.,
PIN - 691001.
3 THE SPECIAL TAHSILDAR,
LAND ACQUISITION (NATIONAL HIGHWAYS),
VADAKKEVILA P.O., KOLLAM., PIN - 691010.
4 THE TAHSILDAR, TALUK OFFICE,
KOLLAM DISTRICT., PIN - 691001.
BY ADV.P.M.SHAMEER, GP
RESPONDENTS/PETITIONER & 4TH RESPONDENT IN W.P.(C):
1 ABUSA BEEVI, AGED 75 YEARS,
W/O. ABDUL SAMAD, RESIDING AT KADAVIL
PADINJATTETHIL, MULAKKADU P.O.,
KOLLAM DISTRICT., PIN - 691571.
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2 THE PROJECT OFFICER
NATIONAL HIGHWAY 66,
OFFICE OF NATIONAL HIGHWAY PROJECT OFFICER,
BEACH ROAD, THAMARAKULAM, KOLLAM.,
PIN - 691001.
BY ADV.
SRI. A. JANI (KOLLAM)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 21.03.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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ORDER
The petitioners seeks review of the
judgment of this Court dated 15.06.2023,
asserting that the 1st respondent herein/writ
petitioner does not hold title to the entire
property, as recorded in Ext.P12 Award.
2. Interestingly, Sri.P.M.Shameer -
learned Government Pleader, however, concedes
that Ext.P12 Award was sought to be modified by
the Statutory Competent Authority, but which was
then set aside by this Court in
W.P(C)No.34957/2023. He also admitted that,
while doing so, this Court directed the District
Collector/Arbitrator to take up the application
for arbitration filed by the Writ Petitioner and
to dispose it of in terms of law. He
nevertheless argued that, when the writ
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petitioner does not have title to the entire
property, she cannot claim any amount under
Ext.P12, except that which relates to the area
owned by her.
3. However, Sri.A.Jani (Kollam) - learned
counsel for the 1st respondent/writ petitioner,
submitted that this petition for review is an
abuse of process, after this Court had delivered
a judgment in W.P(C)No.34957/2023. He reiterated
that the original Award was sought to be
modified by the competent Authority
subsequently, but which has been set aside by
this Court; and argued that hence, whatever is
the amount in the said Award, it is now eligible
to his client. He then contended that a claim
had been maliciously filed on the property by a
third person, but that the same has been
dismissed even by this court, however, leaving
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liberty to move the competent Civil Court, which
he has not done. He submitted that, therefore,
as matters now stand, there is no claim over the
property by any other person.
4. I have considered the rival submissions
and have also gone through the judgment of this
Court in W.P(C)No.34957/2023.
5. As rightly argued by Sri.A.Jani
(Kollam), the Award issued by the competent
Authority, modifying the earlier Award, namely
Ext.P12, was set aside by this Court, finding it
to be untenable.
6. Interestingly, even Sri.P.M.Shameer -
learned Government Pleader, unequivocally admits
that Ext.P12 Award holds the field; but argues
that the petitioners are awaiting resolution of
a claim made on certain of its extents by a
third person, who is not in the party array.
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7. It is thus obvious that there is
nothing in error in the judgment sought to be
reviewed.
8. Resultantly, I find no cause in favour
of the petitioners, in having filed this Review
Petition.
This petition is thus closed.
Needless to say, if any other person is to
make a claim as per law and is to succeed in it,
all necessary consequences will follow as are
necessary.
Sd/-
DEVAN RAMACHANDRAN
akv
JUDGE
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PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF THE MODIFIED AWARD DATED
25.09.2023.
ANNEXURE II TRUE COPY OF THE COMMON JUDGMENT OF
THIS HON'BLE COURT DATED 01.04.2024 IN
WP(C) NOS. 31518/2023 AND 34957/23.
ANNEXURE III TRUE COPY OF THE COMMON JUDGMENT IN
COC NO. 2006/2023 OF THE HON'BLE COURT
DATED 29.08.2024.
RESPONDENT ANNEXURES
EXHIBIT R1(A) A TRUE COPY OF THE AWARD NO. 0612
DATED 25/09/2023 PASSED BY THE 2ND
RESPONDENT
EXHIBIT R1(B) THE TRUE COPY OF ORDER DATED
28/10/2022 ALLOWED I.A. NO. 4 OF 2022
IN W.P.C NO: 6857 OF 2022
EXHIBIT R1(C) TRUE COPY OF PLAN AND REPORT PREPARED
BY THE 4TH PETITIONER DATED 08.02.2023
EXHIBIT R1(D) TRUE COPY OF ORDER IN W.P.C NO: 6857
OF 2022 DATED 23.05.2023
EXHIBIT R1(E) THE TRUE COPY OF JUDGMENT DATED
31/03/2022 IN W.P.C NO: 3480 0F 2022
