Kerala High Court
Sudevan vs State Of Kerala on 10 July, 2020
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 10TH DAY OF JULY 2020 / 19TH ASHADHA, 1942
WP(C).NO.13567 OF 2020(U)
PETITIONER :
SUDEVAN,
AGED 69 YEARS,
S/O. KRISHNAN, MELEKOCHUVEETTIL HOUSE, KIZHUVILLAM P.O.,
MAAMAN, ATTINGAL, THIRUVANANTHAPURAM - 695 104.
BY ADVS.
SRI.P.RAVEENDRAN PILLAI
SMT.INDIRA RAVEENDRAN
SRI.SANJAY THAMPI
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM - 695 043.
3 THE EXECUTIVE ENGINEER,
N. H. BYPASS DIVISION, PWD, PLAMOODU ROAD,
THIRUVANANTHAPURAM - 695 033.
4 THE ASSISTANT EXECUTIVE ENGINEER
N. H. BYPASS DIVISION, PWD PLAMOODU ROAD,
THIRUVANANTHAPURAM - 695 033.
5 ATTINGAL MUNICIPALITY
MUNICIPAL OFFICE, ATTINGAL, THIRUVANANTHAPURAM - 695 101,
REPRESENTED BY ITS SECRETARY.
6 REVIVE CONSTRUCTION COMPANY (INDIA) PVT. LTD.
NJAVELIKONAM ROAD, KILIMANOOR,
THIRUVANANTHAPURAM - 695 601,
REPRESENTED BY ITS MANAGING DIRECTOR MR. MANAF.
SRI HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.07.2020, ALONG WITH WP(C) NO.13596/2020(Y), WP(C) NO.13616/2020(B)AND
WP(C) NO.13631/2020(D), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C.13631/2020 & connected cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 10TH DAY OF JULY 2020 / 19TH ASHADHA, 1942
WP(C).No.13596 OF 2020(Y)
PETITIONERS :
1 RENUKA.N, AGED 52 YEARS,
W/O.PRABHAKUMAR, THUSHARA, NEETHI CLINIC ROAD,
ATTINGAL, THIRUVANANTHAPURAM-695101.
2 REJANI.N., AGED 51 YEARS
W/O.SAJEEV KUMAR, THUSHARA, NEETHI CLINIC ROAD,
ATTINGAL, THIRUVANANTHAPURAM-695101.
BY ADVS.
SRI.SANJAY THAMPI
SRI.P.RAVEENDRAN PILLAI
SMT.INDIRA RAVEENDRAN
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM-695043.
3 THE EXECUTIVE ENGINEER,
N.H.BYPASS DIVISION, PWD, PLAMOODU ROAD,
THIRUVANANTHAPURAM-695033.
4 THE ASSISTANT EXECUTIVE ENGINEER,
N.H.BYPASS DIVISION, PWD, PLAMOODU ROAD,
THIRUVANANTHAPURAM-695033.
5 ATTINGAL MUNICIPALITY,
MUNICIPAL OFFICE, ATTINGAL, THIRUVANANTHAPURAM-695101,
REPRESENTED BY ITS SECRETARY.
6 REVIVE CONSTRUCTION COMPANY (INDIA) PVT.LTD.,
NJAVELIKONAM ROAD, KILIMANOOR,
THIRUVANANTHAPURAM-695601, REPRESENTED BY ITS MANAGING
DIRECTOR MR.MANAF.
SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.07.2020, ALONG WITH WP(C) NO.13567/2020(U), WP(C).13616/2020(B) AND
WP(C).13631/2020(D), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C.13631/2020 & connected cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 10TH DAY OF JULY 2020 / 19TH ASHADHA, 1942
WP(C).No.13616 OF 2020(B)
PETITIONER(S) :
ANITHA SASIDHARAN, AGED 54 YEARS,
W/O.SASIDHARAN, MELEKOCHUVEETTIL HOUSE, VALIYAKUNNIL
KIZHUVILLAM P.O., CHITTATTINKARA DESOM, ATTINGAL,
THIRUVANANTHAPURAM-695104.
BY ADVS.
SRI.P.RAVEENDRAN PILLAI
SMT.INDIRA RAVEENDRAN
SRI.SANJAY THAMPI
SMT.R.DEVI SHRI
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM-695043.
3 THE EXECUTIVE ENGINEER,
N.H.BYPASS DIVISION, PWD, PLAMOODU ROAD,
THIRUVANANTHAPURAM-695033.
4 THE ASSISTANT EXECUTIVE ENGINEER,
N.H.BYPASS DIVISION, PWD, PALMOODU ROAD,
THIRUVANANTHAPURAM-695033.
5 ATTINGAL MUNICIPALITY,
MUNICIPAL OFFICE, ATTINGAL, THIRUVANANTHAPURAM-695101,
REPRESENTED BY ITS SECRETARY.
6 REVIVE CONSTRUCTION COMPANY (INDIA) PVT.LTD.,
NJAVELIKONAM ROAD, KILIMANOOR,
THIRUVANANTHAPURAM-695601, REPRESENTED BY ITS MANAGING
DIRECTOR MR.MANAF.
SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.07.2020, ALONG WITH WP(C).13567/2020(U), WP(C).13596/2020(Y) AND
WP(C).13631/2020(D), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C.13631/2020 & connected cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 10TH DAY OF JULY 2020 / 19TH ASHADHA, 1942
WP(C).No.13631 OF 2020(D)
PETITIONER :
AJITH KUMAR, AGED 49 YEARS
S/O. SUNDARESHAN, CHITTATTINKARA, VALIYAKUNNIL
KIZHUVILAM P.O., ATTINGAL, THIRUVANANTHAPURAM-695 104.
BY ADVS.
SRI.P.RAVEENDRAN PILLAI
SMT.INDIRA RAVEENDRAN
SRI.SANJAY THAMPI
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM-695 043.
3 THE EXECUTIVE ENGINEER,
N.H.BYPASS DIVISION, PWD, PLAMOODU ROAD,
THIRUVANANTHAPURAM-695 033.
4 THE ASSISTANT EXECUTIVE ENGINEER,
N.H.BYPASS DIVISION, PWD, PLAMOODU ROAD,
THIRUVANANTHAPURAM-695 033.
5 ATTINGAL MUNICIPALITY
MUNICIPAL OFFICE, ATTINGAL, THIRUVANANTHAPURAM-695 101,
REPRESENTED BY ITS SECRETARY.
6 REVIVE CONSTRUCTION COMPANY (INDIA) PVT. LTD.
NJAVELIKONAM ROAD, KILIMANOOR,
THIRUVANANTHAPURAM-695 601,
REPRESENTED BY ITS MANAGING DIRECTOR MR. MANAF.
SRI HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.07.2020, ALONG WITH WP(C).13567/2020(U), WP(C).13596/2020(Y) AND
WP(C).13616/2020(B), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C.13631/2020 & connected cases 5
JUDGMENT
[ WP(C).Nos.13631/2020,13567/2020,13596/2020, & 13616/2020 ] These writ petitions are filed seeking for issuance of a writ of mandamus directing the respondents to refrain from proceeding with the acquisition of properties situated within the limits of the 5th respondent, without initiating land acquisition measures as contemplated under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. When these writ petitions were taken up, the learned Government Pleader appearing for respondents 1 to 5 submitted that the State has no intention to carry out acquisition other than by following the procedure established by law and in accordance with the relevant statute.
Faced with the said submission, the learned counsel appearing for the petitioners submits that these writ petitions be closed reserving the right of the petitioners to approach this Court, if so warranted, at a later stage.
In view of the said submission, these writ petitions are closed reserving the right of the petitioners to move this Court at a later stage, if so warranted.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE ps W.P.C.13631/2020 & connected cases 6 APPENDIX OF WP(C) 13567/2020 PETITIONER(S) EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED BEARING NO.288/1986 OF SUB REGISTRAR OFFICE, ATTINGAL.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPTS PAID BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPTS PAID BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING MENTIONED ABOVE HELD ON 31.12.2014.
EXHIBIT P5 TRUE COPY OF THE NEWSPAPER REPORTS.
RESPONDENT(S) EXHIBITS :NIL W.P.C.13631/2020 & connected cases 7 APPENDIX OF WP(C) 13596/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PARTITION DEED BEARING NO.860/2000 OF SUB REGISTRAR OFFICE, ATTINGAL.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPTS PAID BY THE 1ST PETITIONER.
EXHIBIT P2(a) TRUE COPY OF THE LAND TAX RECEIPTS PAID BY THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPTS PAID BY THE 1ST PETITIONER.
EXHIBIT P3(a) TRUE COPY OF THE PROPERTY TAX RECEIPTS PAID BY THE 2ND PETITIONER.
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING MENTIONED ABOVE HELD ON 31.12.2014.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 17.08.2015 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 17.08.2015 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NEWSPAPER REPORTS. RESPONDENT(S) EXHIBITS :NIL W.P.C.13631/2020 & connected cases 8 APPENDIX OF WP(C) 13616/2020 PETITIONER(S) EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED BEARING NO.273/2009 OF SUB REGISTRAR OFFICE, ATTINGAL.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPTS PAID BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPTS PAID BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING MENTIONED ABOVE HELD ON 31.12.2014.
EXHIBIT P5 TRUE COPY OF THE NEWSPAPER REPORTS.
RESPONDENT(S) EXHIBITS :NIL W.P.C.13631/2020 & connected cases 9 APPENDIX OF WP(C) 13631/2020 PETITIONER(S) EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED BEARING NO.272/2009 OF SUB REGISTRAR OFFICE, ATTINGAL.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPTS PAID BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPTS PAID BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING MENTIONED ABOVE HELD ON 31.12.2014.
EXHIBIT P5 TRUE COPY OF THE NEWSPAPER REPORTS.
RESPONDENT(S) EXHIBITS :NIL /TRUE COPY/ P.A. TO JUDGE