Kerala High Court
Abdul Vahid vs State Of Kerala on 14 November, 2018
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940
WP(C).No. 36947 of 2018
PETITIONER/S:
1 ABDUL VAHID,
AGED 68 YEARS, S/O MUHAMMED IBRAHIM, SHAHIDA MANZIL
(KARIVILAKOM VEEDU), THOTTAKAD POST,
THIRUVANANTHAPURAM.
2 RAMLA BEEVI,
AGED 1 YEARS
W/O.ABDUL VAHID,
SHAHIDA MANZIL (KARIVILAKOM VEEDU), THOTTAKAD POST,
THIRUVANANTHAPURAM.
3 ANWAR,
AGED 30 YEARS
S/O.ABDUL VAHID, SHAHIDA MANZIL (KARIVILAKOM VEEDU),
THOTTAKAD POST, THIRUVANANTHAPURAM.
4 JABIR S,
S/O.SHAMSUDEEN, AGED 40 YEARS, POOVATTU VEEDU,
PALACHIRA.P.O., VARKALA, THIRUVANANTHAPURAM.
BY ADV. SRI.M.SREEKUMAR
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 ADDITIONAL CHIEF SECRETARY
(REVENUE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695001.
3 DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695043.
4 DEPUTY COLLECTOR (LA),
COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM -
695043.
5 ADDITIONAL TAHSILDAR (LR),
NEDUMANGADU,
THIRUVANANTHAPURAM-695541.
6 TALUK SURVEYOR,
NEDUMANGADU, THIRUVANANTHAPURAM-695541.
7 DIRECTOR,
INDIAN INSTITUTE OF SPACE, SCIENCE AND THECHNOLOGY
(IIST-VSSC), VALIYAMALA, NEDUMANGADU,
THIRUVANANTHAPURAM-695541.
8 DIRECTOR OF TECHNICAL EDUCATION,
THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER FOR R1 TO R6
AND R8, SRI.C.G.PREETHA, CGC FOR R7
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J.
==================
W.P.(C).No. 36947 of 2018
==================
Dated this the 14th day of November, 2018
JUDGMENT
The prayers in this Writ Petition (Civil) are as follows:
"(i) To issue a writ of mandamus or other appropriate writ direction or order, directing the respondents 5 & 6 to demarcate the property of petitioner having an extent of 6.55 Acres comprised in Sy.Nos.185, 186, 187 and 201 (Old Sy.Nos.265, 266 and 267) of Karipur Village from out of the property earmarked for the Indian Institute of Space, Science and Technology (IIST-VSSC) forthwith in the interest of justice;
(ii) To issue a writ of mandamus or other appropriate writ direction or order, directing the respondents 1 to 3, 7 & 8 either to acquire the property of petitioners in a time bound manner or to drop the proceedings to acquire the property of petitioners having an extent of 6.55 Acres comprised in Sy.Nos.185, 186, 187 and 201 (Old Sy.Nos.265, 266 and 267) of Karipur Village in the interest of justice;
and
(iii) such other reliefs that this Hon'ble Court may deem fit."
2. Heard Sri.M.Sreekumar, learned counsel appearing for the petitioners, Sri.Saigi Jacob Palatty, learned Senior Govt. Pleader appearing for 1 to 6 & 8 and Smt.C.G.Preetha, learned Central Government Counsel (CGC) appearing for R-7.
3. According to the petitioners, they are members of a family, who owned a total extent of 20.32 Acres of land in various survey number including in old Sy.Nos. 266 and 267 of Karipur Village, Nedumangad taluk, Thiruvananthapuram Revenue District, lying as one composite plot within common boundaries. While so, the 8th respondent for and on behalf of the 7 th respondent had W.P.(C).36947/18 - : 4 :-
requisitioned the 1st respondent State Government to acquire a total extent of 54 Acres including the petitioners' above mentioned properties of 20.32 Acres. The said proposed acquisition was for the establishment of the campus of the 7 th respondent Indian Institute of Space, Science & Technology (IIST) which is fully owned by the Vikram Sarabhai Space Centre. However, the 3 rd and 4th respondents (District Collector and the Deputy Collector concerned) had acquired only an extent of 13.78 from out of the property of extent of 20.32 Acres belonging to the petitioners. It is further pointed out that out of the requisitioned notified area of 54 Acres , only 44 Acres inclusive of the 13.78 Acres of the petitioners, was acquired and entrusted to the 7th respondent by the 1st respondent State Revenue officials concerned. But that wrongly the entire extent of 20.32 Acres of the petitioners' land was shown within the boundary stone of the acquired land earmarked for the 7th respondent, even though the actual land area acquired from the petitioners is only 13.78 out of their 20.32 Acres. Thus it is stated that an extent of 6.55 Acres (20.32 Acres - 13.78 Acres = 6.55 Acres) was not acquired belonging to the petitioners, nor was any compensation was paid to them. The said extent of 6.55 Acres belonging to the petitioners was thus excluded from the acquisition due to some objections from survey officials W.P.(C).36947/18 - : 5 :-
concerned that the assignment details of the said 6.55 Acres of land are not traceable. Further the respondent Revenue officials concerned had also taken a stand that the said 6.55 Acres of land is shown as Government tharisu land in the resurvey records. The petitioners were constrained to approach the Kerala Lok Ayuktha alleging maladministration of the competent Revenue officials concerned in wrongly showing the abovesaid 6.55 Acres of land of the petitioners would also come within the acquired property of the 7 th respondent, etc. After hearing all the parties, including the 7 th respondent IIST, the Division Bench of the Kerala Lok Ayukta has rendered a considered order as per Ext.P-3 dated 11.4.2018, in complaint No.543/2016, wherein it has been conclusively found after exhaustively examining and analysing all the documents and materials on record, that the abovesaid 6.55 Acres of land belonging to the petitioners was not acquired for the 7 th respondent and further that action of the Resurvey Superintendent concerned in taking the stand that the said extent of 6.55 Acres of land belonging to the petitioners is actually Government tharissu land is absolutely wrong and illegal and that the competent respondent authorities concerned should take action to correct the thandapper register in order to show the said extent of 6.55 Acres of land as belonging to the petitioners W.P.(C).36947/18 - : 6 :-
and should accept the basic land tax from the petitioners in respect of the said properties. It is now common ground that Ext.P-3 order rendered by theDivision Bench of the Kerala Lok Ayukta on 11.4.2018 has become final and conclusive and it has not been altered in the manner known to law.
4. Pursuant to Ext.P-3 order issued by the Lok Ayukta the 5 th respondent Addl. Tahsildar(LR) has issued Ext.P-5, whereby the Village Officer concerned has been directed to effect necessary changes and to receive land tax for the total extent of 6.55 Acres of the petitioners' property in the original thandapper in which the land is included. The petitioners thereafter remitted the land tax in respect of the abovesaid property as per Ext.P-6 series. Thereafter, the petitioners have submitted Exts.P-8 and P-9 applications before the 5th and 6th respondents on 31.8.2018 requesting them to demarcate their property of 6.55 Acres (265.06 Ares) in Re-survey No. 186 and 187 and 201 included in thandapper Nos.13202 to 13204 and 13332 to 13333, etc. That though Exts.P-8 and P-9 applications have been submitted as early as on 31.8.2018, no further effective action is forthcoming from R-5. That it is highly imperative in the interest of justice to direct the 5th respondent to measure, identify and demarcate the boundaries of the abovesaid 6.55 Acres of property of the W.P.(C).36947/18 - : 7 :-
petitioners so as to clearly separate it from the property of the 7 th respondent IIST. In the light of Ext.P-3 order of the Lok Ayukta and the subsequent proceedings issued by the respondents in compliance thereof as per Exts.P-4 and P-5 and also the action taken by the respondents in allotting thandapper account numbers to the said property of the property and in accepting the basic land tax from the petitioners as per Ext P-6 series, the abovesaid request made by the petitioners appears to be fair and reasonable.
5. Accordingly, it is ordered that the 5 th respondent Addl.
Tahsildar (L.R), Nedumangad, and the 6 th respondent Taluk Surveyor, Nedumangad, will take up the request made by the petitioners in Exts.P-8 and P-9 for consideration without any further delay and will take steps to identify, measure and demarcate the boundaries of the property of the petitioners having an extent of 6.55 Acres as covered in Ext.P-6 series with due prior notice to the petitioners, the 7th respondent and other neighbouring property owners, if any, and then will complete the said process so as to identify and demarcate the boundaries of the properties of the petitioners so as to clearly demarcate it from the property of the 7th respondent. The copies of the report of the 6th respondent Taluk Surveyor on the outcome of the survey, measurement and demarcation of the W.P.(C).36947/18 - : 8 :-
boundaries of the petitioners' property along with copies of the survey sketch should be issued to the petitioners as well as the 7 th respondent. Thereafter, the 5th respondent will grant a reasonable opportunity of being heard to the petitioners and the 7 th respondent and then the 5th respondent will take necessary action to finalise the request made by the petitioners in Exts.P8 to P-9 without any further delay, so as to clearly demarcate the petitioners' property from the property of the 7th respondent. The entire process in this regard shall be duly completed by the 5th and 6th respondents without much delay, preferably within a period of 3 months from the date of production of a certified copy of this judgment.
With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
W.P.(C).36947/18 - : 9 :-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN
WPC.NO.7784/2011 DATED 1.4.2011.
EXHIBIT P2 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN
WPC.NO.2725/2015 DATED 2.6.2015.
EXHIBIT P3 TRUE COPY OF ORDER IN COMPLAINT NO.543/2016
DATED 11.4.18 OF THE HON'BLE KERALA LOK
AYUKTA.
EXHIBIT P4 TRUE COPY OF PROCEEDINGS NO.G4-9587/2014 DATED
29.5.18 OF THE 5TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF PROCEEDINGS NO.G4-9587/2014 DATED
11.7.18 OF THE 5TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF TAX RECEIPT NO.075313 DATED
2.6.2018.
EXHIBIT P6 B TRUE COPY OF TAX RECEIPT NO.075312 DATED
2.6.2018.
EXHIBIT P6 C TRUE COPY OF TAX RECEIPT NO.075314 DATED
2.6.2018.
EXHIBIT P6 D TRUE COPY OF TAX RECEIPT NO.213544 DATED
24.7.18.
EXHIBIT P6 E TRUE COPY OF TAX RECEIPT NO.213542 DATED
24.7.2018.
EXHIBIT P7 TRUE COPY OF LETTER NO.IIST/REG/14 DATED
18.9.18 FROM THE REGISTRAR, IIST.
EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 31.8.2018
SUBMITTED BY THE PETITIONERS BEFORE THE 5TH
RESPONDENT.
EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 31.8.2018
SUBMITTED BY THE PETITIONERS BEFORE THE 6TH
RESPONDENT.