Kerala High Court
Sakkeer O V vs State Of Kerala on 16 August, 2022
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WP(C) NO. 25808 OF 2022
PETITIONERS:
1 SAKKEER O V.,
AGED 61 YEARS
S/O MOIDU, OLIYATH VAZHAYIL HOUSE, KANNOTHUMCHAL,
CHOVVA.P.O, ELAYAVOOR AMSOM, KANNUR DISTRICT- 670006.
2 VASANTHA.P.K,
W/O LATE P. KRISHNAN, AGED 72 YEARS, KRISHNA NIVAS,
KANNOTHUMCHAL, CHOVVA.P.O, ELAYAVOOR AMSOM, KANNUR
DISTRICT- 670006.
3 RAVEENDRAN.K.P,
S/O ACHUTHAN, AGED 80 YEARS, KANIYERIKANDI
PANAYANPARAMBIL HOUSE, KANNOTHUMCHAL, CHOVVA.P.O,
KANNUR DISTRICT- 670006.
4 PREMAJA KUMARI @ PREMAJA.K.M,
S/O YESODA AMMA, AGED 76 YEARS, PRASANNALAYAM,
CHOVVA.P.O, ELAYAVOOR AMSOM, KANNUR DISTRICT- 670006.
5 MUHAMMED KUNHI,
S/O MOIDEEN HAJI, AGED 60 YEARS, KIZHAKKEDATH
VADAKKEPURAYIL HOUSE, NARATH.P.O, NARATH AMSOM, KANNUR
DISTRICT-670603
BY ADVS.
V.T.MADHAVAN UNNI
V.A.SATHEESH
ANAND V.S
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM -
695001.
2 THE EXECUTIVE ENGINEER,
PWD (ROADS DIVISION), KANNUR.P.O, KANNUR DISTRICT-
670002.
WP(C) NO. 25808 OF 2022 2
3 KANNUR MUNICIPAL CORPORATION,
KANNUR-67001 REPRESENTED BY ITS SECRETARY.
4 PROJECT OFFICER, KERALA ROAD FUND BOARD,
KANNUR CITY ROAD IMPROVEMENT PROJECT, OTTATHENGU,
CHALAD.P.O, KANNUR-670014.
5 DEPUTY COLLECTOR, LAND ACQUISITION,
CIVIL STATION, KANNUR-670002.
6 DISTRICT COLLECTOR,
CIVIL STATION, KANNUR-670002
7 CENTRE FOR SOCIO-ECONOMIC & ENVIRONMENTAL STUDIES
(CSES),
KHADI FEDERATION BUILDING, N.H. BYPASS,
PALARIVATTOM, KOCHI-685024 REPRESENTED BY ITS
DIRECTOR.
8 EXPERT SAMITHI,
KANNUR CITY ROAD IMPROVEMENT PROJECT, OTTATHENGU,
CHALAD.P.O, KANNUR-670014. REPRESENTED BY ITS CHAIR
PERSON.
SRI.BIMAL K. NATH, SR.GP
SRI.K.V.MANOJ KUMAR, SC
SMT.M.MEENA JOHN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 25808 OF 2022 3
T.R. RAVI, J.
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W.P.(C).No.25808 of 2022
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Dated this the 16th day of August, 2022
JUDGMENT
The challenge in this writ petition is against the proceedings for acquisition initiated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the ground that the petitioners have not been put on notice regarding any social impact study and other procedures.
The Standing Counsel appearing for the 4 th respondent submitted that as far as this particular acquisition is concerned, the social impact study has just begun and the writ petition as such is premature at this stage and the remedy of the petitioners will be only after the study is over, if they are still aggrieved.
The above submission is recorded and the writ petition is closed without prejudice to the right of the petitioners to move this Court again if warranted.
Sd/-
T.R.RAVI JUDGE LEK WP(C) NO. 25808 OF 2022 4 APPENDIX OF WP(C) 25808/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JENM DEED NO. 2842/1991 OF S.R.O. KANNUR EXECUTED IN FAVOUR OF THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 1ST PETITIONER BY THE VILLAGE OFFICER, ELAYAVOOR DATED 16-5-2022.
Exhibit P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE 1ST PETITIONER FROM KANNUR CORPORATION DATED 22-5-2022.
Exhibit P4 TRUE COPY OF THE THEER DEED NO. 1695/1977 OF S.R.O. KANNUR EXECUTED IN IFAVOUR OF PAYYANADAN KRISHNAN.
Exhibit P5 TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE OF PAYYANADAN KRISHNAN ISSUED BY THE TAHSILDAR, KANNUR DATED 21-1-2022 .
Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 2ND PETITIONER AND OTHERS BY THE VILLAGE OFFICER, ELAYAVOOR DATED 12-4- 2022.
Exhibit P7 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE 2ND PETITIONER FROM KANNUR CORPORATION DATED 31-1-2022.
Exhibit P8 TRUE COPY OF GIFT DEED NO. 3116/1985 OF S.R.O. KANNUR EXECUTED IN FAVOUR OF THE 3RD PETITIONER DATED 10-12-1985.
Exhibit P9 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 3RD PETITIONER BY THE VILLAGE OFFICER, KANNUR-I DATED 24-6-2022.
Exhibit P10 TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED TO THE 3RD PETITIONER FROM KANNUR CORPORATION DATED 1-2-2022.
WP(C) NO. 25808 OF 2022 5Exhibit P11 TRUE COPY OF THE THEER DEED NO. 1495/1942 OF S.R.O. KANNUR EXECUTED IN FAVOUR OF THE 4TH PETITIONER AND OTHERS DATED 17-6- 1942.
Exhibit P12 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 4TH PETITIONER AND OTHERS BY THE VILLAGE OFFICER, ELAYAVOOR DATED 24-8- 2015.
Exhibit P13 TRUE COPY OF THE JENM DEED NO. 2567/2009 OF S.R.O. KANNUR EXECUTED IN FAVOUR OF THE 5TH PETITIONER AND HIS BROTHER HABEEB DATED 12-8-2009.
Exhibit P14 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 5TH PETITIONER AND HIS BROTHER HABEEB BY THE VILLAGE OFFICER, PUZHATHI DATED 15.03.2022.
Exhibit P15 TRUE COPY OF THE ALIGNMENT PLAN PREPARED BY THE RESPONDENT NO.4 Exhibit P16 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 11-6-2019.
Exhibit P17 TRUE COPY OF THE SOCIAL IMPACT ASSESSMENT STUDY REPORT (WITH NO DATE) PREPARED BY RESPONDENT NO.7.
Exhibit P18 TRUE COPY OF THE RECOMMENDATION WITH THE SPECIAL NOTE OF THE TECHNICAL EXPERT DATED 18-3-2020.