Lakshmi vs State Of Kerala
2026 Latest Caselaw 2167 Ker

Kerala High Court

Lakshmi vs State Of Kerala on 27 February, 2026

                                                    2026:KER:17862


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947

                   WP(C) NO. 36568 OF 2023

PETITIONER:

          LAKSHMI,
          AGED 76 YEARS, W/O.LATE NARAYANAN,
          KAPPIL HOUSE, MUNDUR P.O.,
          PALAKKAD DISTRICT, PIN - 678592.

          BY ADVS.
          SRI.K.MOHANAKANNAN
          SMT.THUSHARA D.S.

RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, THIRUVANANTHAPURAM,
          PIN - 695001.

    2     THE DISTRICT COLLECTOR,
          CIVIL STATION, PALAKKAD, PIN - 678001.

    3     THE SPECIAL TAHSILDAR,
          LAG-II, TALUK OFFICE, PALAKKAD,
          PIN - 678001.

    4     THE VILLAGE OFFICER,
          PALAKKAD - 1 VILLAGE OFFICE,
          PALAKKAD, PIN - 678001.

          BY ADV.
          SMT.SYLAJA S.L., GOVERNMENT PLEADER.
                            2

W.P.(C) No.36568 of 2023

                                                  2026:KER:17862




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                              3

W.P.(C) No.36568 of 2023

                                                       2026:KER:17862



                           JUDGMENT

The petitioner's husband, late Narayanan, is stated to have

been holding 28 cents of land in Survey No.861 of Palakkad

Village. The afore property was acquired under the provisions of

the Land Acquisition Act, 1894. The compensation was fixed

pursuant to the award issued and was paid to the petitioner

belatedly. So also, some amounts representing the tax payable

under the Income Tax Act, 1961, were deducted while making

payment to the petitioner. The petitioner submitted an application

dated 02.08.2023 (Ext.P19), before the 3rd respondent herein,

pointing out that she was entitled for interest on the delayed

payment, as well as for refund of the tax deducted at source as

above. By the order at Ext.P20 dated 10.10.2023, the afore

representation having been rejected by the 3rd respondent, the

petitioner is before this Court.

2. Heard Sri.K.Mohanakannan, the learned counsel for

the petitioner, as well as Smt.Sylaja S.L., the learned Government

Pleader.

3. Though the learned Government Pleader states that a

counter affidavit requires to be filed in the matter, I am of the

2026:KER:17862

opinion that, in view of the directions proposed to be issued while

disposing of the writ petition, further time need not be granted for

filing a counter affidavit

4. A reading of Ext.P20 shows that the application at

Ext.P19 is disposed of. However, the order at Ext.P20 does not

show that the petitioner was granted an opportunity of being

heard before passing the afore order. Therefore, there has been a

violation of the principles of natural justice. In such circumstances,

I am of the opinion that the matter requires a reconsideration at

the hands of the 3rd respondent.

In such circumstances, this writ petition would stand

disposed of as under;

i. Ext.P20 order is set aside.

ii. The 3rd respondent is directed to consider and

pass orders on Ext.P19, after granting the

petitioner an opportunity of being heard in the

matter, within a period of three months from the

date of receipt of a copy of this judgment.

Sd/-

HARISANKAR V. MENON JUDGE anm

2026:KER:17862

APPENDIX OF WP(C) NO. 36568 OF 2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED BY THE LAND TRIBUNAL, PALAKKAD TO NARAYANAN DATED 24-12-1976.

Exhibit P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE GIVEN BY THE PREDECESSOR IN INTEREST OF THE PETITIONER DATE 9/8/2003.

Exhibit P3 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 19-9-2006 ISSUED BY THE VILLAGE OFFICER.

Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE SPECIAL TAHSILDAR (LRR) DATED 28-11-2013. Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE SPECIAL TAHSILDAR (LAG) NO.11 PALAKKAD DATED 11-2-2015.

Exhibit P6 TRUE COPY OF THE AWARD DATED 16-02-2015 IN AWARD NO.1/2015 ISSUED TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE LAR 3/2015 FILED BY THE SPECIAL TAHSILDAR BEFORE THE SUB COURT, PALAKKAD DATE :20/11/2015.

Exhibit P8 TRUE COPY OF THE ORDER ISSUED IN FORM NO.10B RULE 13(1) DATED 4-6-2019 BY THE LAND ACQUISITION OFFICER.

Exhibit P9 TRUE COPY OF THE NOTICE DATED 11-6-2019 ISSUED BY THE LAND ACQUISITION OFFICER. Exhibit P10 TRUE COPY OF THE REPORT NO.74/20 OF THE VILLAGE OFFICER DATED 7-3-2020.

Exhibit P11 TRUE COPY OF THE PROCEEDINGS OF THE SUB COURT, DATED 16-9-2017 IN LAR 3/2015. Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 12-6-2019 SUBMITTED BEFORE THE SPECIAL TAHSILDAR, LAG-II, PALAKKAD.

Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 12-11-2020 SUBMITTED BEFORE THE 3RD RESPONDENT.

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Exhibit 14 TRUE COPY OF THE REPRESENTATION DATED 14-12-2020 SUBMITTED BEFORE THE DISTRICT COLLECTOR.

Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 20-9-2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P16 TRUE COPY OF THE LETTER NO.F-419/2015 DATED 23-9-2021 ISSUED BY THE SPECIAL TAHSILDAR.

Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT DATED 16-1-2023 IN WRIT PETITION(C) NO.24630/2021.

Exhibit P18                TRUE COPY OF THE AWARD DATED 28-3-2023 IN
                           LAR    1/2021   OF    LAND    ACQUISITION
                           REHABILITATION      AND      RESETTLEMENT
                           AUTHORITY, PALAKKAD.
Exhibit P19                TRUE COPY OF THE REPRESENTATION DATED

2-8-2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P20 TRUE COPY OF THE ORDER NO.E-810/208 DATED 10-10-2023 OF THE SPECIAL TAHSILDAR, PALAKKAD.