Kerala High Court
Beevi Umma Aged 64 Years vs State Of Kerala on 1 April, 2013
Author: K. Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
TUESDAY, THE 21ST DAY OF JANUARY 2014/1ST MAGHA, 1935
WP(C).No. 1272 of 2014 (H)
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PETITIONER:
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1. BEEVI UMMA AGED 64 YEARS
W/O. ABDUL KARIM, RESIDING AT KALATHUVILA VEEDU
KARAKAMANDAPAM, NEMOM P.O., THIRUVANANTHAPURAM.
2. SHAMEEM
S/O. ABDUL KARIM, RESIDING AT KALATHUVILA VEEDU
KARAKAMANDAPAM, NEMOM P.O., THIRUVANANTHAPURAM.
BY ADVS.SRI.R.S.KALKURA
SRI.M.S.KALESH
SMT.R.BINDU
SMT.A.V.PRIYA
SRI.HARISH GOPINATH
SMT.M.K.LEELAKUMARI
SRI.JOHNSON JOSE PANJIKKARAN
SRI.SANIL KUNJACHAN
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE
GOVERNMENT OF KERALA, SECRETARIAT
THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT COLLECTOR
TRIVANDRUM DISTRICT, COLLECTORATE
KUDAPPANAKUNNU-695 033.
3. LAND ACQUISITION OFFICER AND DEPUTY COLLECTOR (LA)
COLLECTORATE, THIRUVANANTHAPURAM-695 033.
4. AHAMMADALI
RESIDING AT KIZHAKKETHIL VEEDU, KARUMOM DESOM
NEMOM VILLAGE AND DESOM, P.O., KARAKKAMANDAPAM
THIRUVANANTHAPURAM-695 020.
5. ABDUL KARIM
S/O. MYTHEEN PEER MUHAMMED
KALATHUVILAKATH PUTHEN VEEDU, UPANIYOOR DESOM
NEMOM VILLAGE AND NEMOM P.O., KARAKKAMANDAPAM
THIRUVANANTHAPURAM-695 020.
6. ABDUL RASHEED
S/O. MYTHEEN PEER MUHAMMED
RESIDING AT ELATHUMKARA THUNDUVILAKATH VEEDU
CHEMMANNUVILA VEEDU, KARUMOM DESOM
NEMOM VILLAGE AND NEMOM P.O., KARAKKAMANDAPAM
THIRUVANANTHAPURAM-695 020.
7. ABDUL JABBAR
S/O. MYTHEEN PEER MUHAMMED
RESIDING AT ELATHUMKARA THUNDUVILAKATH VEEDU
SEENATH MANZIL, VELLAYANI JUNCTION
NEMOM VILLAGE AND NEMOM P.O., KARAKKAMANDAPAM
THIRUVANANTHAPURAM-695 020.
8. ARIFA BEEVI
SHABANA MANZIL, NEAR HOMEO COLLEGE
NEMOM VILLAGE AND NEMOM P.O., KARAKKAMANDAPAM
THIRUVANANTHAPURAM-695 020.
9. SALIKHAT BEEVI
POTTAYIL VEEDU, NEAR MARKET, POOVAR P.O.
THIRUVANANTHAPURAM-695 525.
10. BEEMAKANNU
PANAYIL VEEDU, PONNUMANGALAM, NEMOM P.O.
KARAKKAMANDAPAM, THIRUVANANTHAPURAM-695 020.
11. RAFEEKA BEEVI
CHEMMANNUVILA VEEDU, KARIKAMANDAPAM, NEMOM P.O.
KARAKKAMANDAPAM, THIRUVANANTHAPURAM-695 020.
12. BASHEER
S/O. SHERIFA BEEVI, SHAMS MANZIL, CHEMMANNUVILA
KARAKKAMANDAPAM, NEMOM P.O., KARAKKAMANDAPAM
THIRUVANANTHAPURAM-695 020.
13. NIJUMUDDIN
S/O. SHERIFA BEEVI, SHAMS MANZIL, CHEMMANNUVILA
KARAKKAMANDAPAM, NEMOM P.O., KARAKKAMANDAPAM
THIRUVANANTHAPURAM-695 020.
14. RAHMATH BEEVI
W/O. ABDUL AZIZ, CHEMMANNUVILA, KARAKKAMANDAPAM
NEMOM P.O., KARAKKAMANDAPAM
THIRUVANANTHAPURAM-695 020.
BY GOVERNMENT PLEADER SHRI.RINY STEPHEN CHAMPARAMBIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1272 of 2014 (H)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 : COPY OF THE ASSIGNMENT OF MORTGAGE DEED 702 OF 1943 DTD.18TH
KANNI 1119 M.E. EXECUTED VEEPATHUMMA ALONG WITH HER HUSBAND MYTHEEN
PEEER MUHAMMED JOINTLY EXECUTED AN ASSIGNMENT OF MORTGAGE RIGHT IN
FAVOUR OF MYTHEEN KANNU AND MOHAMMED KANNU.
P2 : COPY OF THE RELEASE DEED NO.1488 DTD.19.2.1968 EXECUTED BY
MYTHEEN KANNU AND MOHAMMED KANNU IN FAVOUR OF ABDUL KARIM.
P3 : COPY OF THE DHANANISCHAYAM DEED BEARING NO.2037 OF 1976
DTD.21.11.1976 EXECUTED BY ABDUL KARIM IN FAVOUR OF THE 1ST
PETITIONER.
P4 : COPY OF THE PHOTOCOPY OF THE JUDGMENT DTD.1.2.1992 IN OS
187/1987 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, TRIVANDRUM.
P4(A): COPY OF READABLE COPY OF EXT.P4.
P5 : COPY OF THE JUDGMENT DTD.1.10.2001 IN OS 29/1994 ON THE FILE OF
THE 1ST ADDITIONAL SUBORDINATE JUDGE'S COURT, TRIVANDRUM.
P6 : COPY OF THE TAX RECEIPT BEARING NO.95 DTD.7.5.1987 ISSUED BY THE
VILLAGE OFFICER, NEMOM.
P7 : COPY OF THE SALE DEED NO.232 OF 2004 DTD.21.1.2004 EXECUTED BY
THE 1ST PETITIONER AND HER HUSBAND THE 5TH RESPONDENT IN FAVOUR OF
THEIR DAUGHTER SHAMJU AND HER HUSBAND SAHEER.
P8 : COPY OF THE SETTLEMENT DEED NO.4051 OF 2004 DTD.13.12.2004
EXECUTED BY THE 1ST PETITIONER IN FAVOUR OF THE 2ND PETITIONER.
P9 : COPY OF THE TAX RECEIPTS STANDING IN THE NAME OF THE 2ND
PETITIONER IN RESPECT OF 9 CENTS OF PROPERTY ISSUED BY THE VILLAGE
OFFICER NEMOM BEARING NO.962320 DTD.2.4.2013.
P10: COPY OF BUILDING TAX IN RESPECT OF THE SHOP ROOM TRANSFERRED TO
THE 2ND PETITIONER BY THE 1ST PETITIONER BEARING NO.0348902 ISSUED BY
THE CORPORATION OF TRIVANDRUM.
P11: COPY OF BUILDING TAX IN RESPECT OF THE SHOP ROOM TRANSFERRED TO
THE 2ND PETITIONER BY THE 1ST PETITIONER BEARING NO.0348901 ISSUED BY
THE CORPORATION OF TRIVANDRUM.
P12: COPY OF BUILDING TAX IN RESPECT OF THE SHOP ROOM TRANSFERRED TO
THE 2ND PETITIONER BY THE 1ST PETITIONER BEARING NO.0348899 ISSUED BY
THE CORPORATION OF TRIVANDRUM.
P13: COPY OF THE JUDGMENT IN OP 405/2006 DTD.30.11.2011 OF THE FAMILY
COURT, TRIVANDRUM.
P14: COPY OF THE PLAINT IN OS NO.1969/2010 OF THE MUNSIFF'S COURT,
TRIVANDRUM.
P15: COPY OF THE PLAINT IN OS 1831/2010 OF THE MUNSIFF'S COURT,
TRIVANDRUM.
P16: COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DTD.17.8.2012
UNDER RULE 7(1) OF THE LAND ACQUISITION ACT TO THE 1ST PETITIONER.
P17: COPY OF THE REPLY SUBMITTED BY THE 1ST PETITIONER TO EXT.P16
NOTICE.
P18 - COPY OF THE NOTICE DATED 1-4-2013 ISSUED BY THE THIRD
RESPONDENT UNDER SECTION 11(2) OF THE LAND ACQUISITION ACT.
RESPONDENT(S)' EXHIBITS NIL
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JJ /TRUE COPY/
P.S.TO JUDGE
K. SURENDRA MOHAN,J
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W.P(C) NO. 1272 OF 2014
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Dated this the 21st January, 2014.
JUDGMENT
The complaint of the petitioners is that, though their property has been acquired under the provisions of the Land Acquisition Act, 1894 (the 'Act' for short), the compensation amount due to them has not been paid so far. The property originally belonged to one Veepathumma, the mother of the fifth respondent. There are disputes regarding the entitlement to share the compensation amount. Therefore, the issues can be decided one way or the other only by a reference to the Civil Court. The complaint of the petitioners is that, no orders referring the matter to the Civil Court has been issued by the third respondent.
2. The Govt. Pleader on instructions submits that an award would be passed and a reference to the Civil Court WPC 1272/2014 2 under Section 31 of the Act would be made as expeditiously as possible and at any rate within an outer limit of one month .
3. This writ petition is therefore disposed of directing the third respondent to pass an award in respect of the land involved in LAC 426/2013 and to refer the matter to the competent Civil Court under Section 31 of the Act, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.
Sd/-
K. SURENDRA MOHAN
Judge
jj /True copy/
WPC 1272/2014 3