Kerala High Court
Sree Kalarivathukkal Devaswom vs The Competent Authority And Special ... on 8 June, 2023
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945
W.P.(C) NO. 1204 OF 2023
PETITIONER:
SREE KALARIVATHUKKAL DEVASWOM,
REPRESENTED BY ITS EXECUTIVE OFFICER, CHIRAKAL
KOVILAKOM DEVASWOMS, P.O. CHIRAKKAL, KANNUR,
PIN - 670011
BY ADVS.
MAHESH V RAMAKRISHNAN
PRAVEEN K.S.
RESPONDENTS:
1 THE COMPETENT AUTHORITY AND SPECIAL THAHSILDAR,
LAND ACQUISITION (NH) UNIT II, CIVIL STATION,
KANNUR, PIN - 670002.
2 NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REPRESENTED BY ITS AUTHORISED OFFICER, G-5&6,
SECTOR-10, DWARAKA, NEW DELHI, PIN - 110075.
3 DISTRICT COLLECTOR
KANNUR, CIVIL STATION, KANNUR, PIN - 670002.
4 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO REVENUE
(DEVASWOM) DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
5 THE MALABAR DEVASWOM BOARD,
REP. BY ITS SECRETARY, HOUSEFED COMPLEX,
P.O.ERANHIPALAM, KOZHIKODE, PIN - 673006.
2
W.P.(C) Nos.1204 and 1624 of 2023
6* KANIYARAKKAL AYISSA,
KANIYARAKKAL HOUSE, KATTAMPALLY, P.O CHIRAKKAL,
KANNUR - 670011.
7* KURIKKALAKATH SUBAIDA,
W/O K.C. KHALID, SUKHA MAHAL, SANKARANKADA, P.O
CHIRAKKAL, KANNUR - 670011.
8* DHANARAJ N.,
NARIYAN HOUSE, ARAYAMBETH, P.O CHIRAKKAL,
KANNUR - 670011.
9* CHANTHRAMBETH RAMAN,
OTTATHAYYIL, MOUVANCHERRY, P.O CHIRAKKAL,
KANNUR - 670011.
10* ASHARAF K.V.,
S/O SABEENA K.V., NAFEESA MANZIL, OTTACHAL,
KOTTALI (PO), KANNUR - 670643.
11* BATHAKKA ABDUL RASHEED,
S/O MAHAMOOD P.P., SULAIKHA MANZIL,
PUTHIYATHERU P.O CHIRAKKAL, KANNUR - 670011.
12* A. JAMEELA,
JASVILLA, BALANKINAR HOUSE, KATTAMPALLY P.O,
KANNUR - 670562.
13* ABDUL SATHAR K.,
KANIYARAKKAL HOUSE, KATTAMPALLY (PO),
KANNUR - 670562.
14* NIZAR K.,
KANIYARAKKAL HOUSE, KATTAMPALLY (PO),
KANNUR - 670562.
15* PUNNAKKAL MUNDAYARAKKAL UBAID,
HAJIRAS, NARATH P.O., KANNUR - 670601.
16* K.V. RAMAKRISHNAN,
(S/O) O.P. KUMARAN, SHRI NIKETH,
PADINJAREMOTTA, P.O CHIRAKKAL, KANNUR - 670011.
3
W.P.(C) Nos.1204 and 1624 of 2023
17* N. SAROJINI,
MANNAMBETH HOUSE, ARAYAMBETH, P.O CHIRAKKAL,
KANNUR - 670011.
18* ARAYAMBETH MANGOOL POKKAN,
KOTTAYIL HOUSE, ARAYAMBETH, P.O CHIRAKKAL,
KANNUR - 670011.
19* PALLIPRATH PUNNAKKAL JAMEELA,
D/O ABDULLA, P.P. HOUSE, (SALMA MANZIL) MUKKIL
PEEDIKA (PO), CHIRAKKAL. 670011.
20* MUHAMMED ANWAR.A.
(S/O) MAHAMOOD P.P., P.P. HOUSE, KUNNUMKAI
PALLI, P.O CHIRAKKAL, KANNUR - 670011.
21* MUKKANNAM CHERIYAPURAYIL NASEEMA,
M.C. HOUSE, KUNNUMKAI, P.O CHIRAKKAL,
KANNUR - 670011.
22* RAJAN PUTHIYAPURAYIL,
S/O K.KARUVAN, KOTTYALI HOUSE, MANNA,
VALAPATTANAM P.O., KANNUR 670 010.
23* MOUVERI MOHANAN,
AISWARYA, PANANKAVU, CHIRAKKALP.O CHIRAKKAL,
KANNUR - 670011.
24* FATHIMA P.P.,
PUTHANPURAYIL, KUNNUMKARI, P.O CHIRAKKAL,
KANNUR - 670011.
25* K. ABDUL AZEEZ,
K.E. HOUSE, K.V. ROAD, CHALAD P.O.
KANNUR - 670014.
26* MOIDEEN,
DARUL FALAH, KUNNUMKAI, CHIRAKKAL, P.O
CHIRAKKAL, KANNUR - 670011.
27* RIYAZ K.,
KADAVAN HOUSE, KATTAMPALLY (PO),KANNUR - 62.
4
W.P.(C) Nos.1204 and 1624 of 2023
28* RAMEESA,
MUKKANNAM MADAPPURAYIL HOUSE, KATTAMPALLY (PO),
KANNUR - 670562.
29* LEELA A.,
ALINGEEL HOUSE, ARAYAMBETH, CHIRAKKAL, P.O
CHIRAKKAL, KANNUR - 670011.
30* MUNEER M.,
MUNEER MANZIL, KATTMPALLI (PO), KANNUR - 62.
31* K.P. KUNJAPPU,
KARIMBUKKARA HOUSE, EDACHERY, (PO) PALLIKUNNU,
KANNUR - 670004.
32* SAINABA,
W/O P.P. MUHAMMAD, K.P. HOUSE, KUNNUMKARI,
CHIRAKKAL, P.O CHIRAKKAL, KANNUR - 670011.
33* KANIYARAKKAL BEEFATHU,
KANIYARAKKAL H, KANJIRATHARA, CHIRAKKAL, P.O
CHIRAKKAL, KANNUR - 670011.
34* KHADEEJA KANIYARAKKAL,
KHADEEJAS, ARAYAMBETH, CHIRAKKAL (PO), KANNUR -
670011.
35* PANNYAN VEENA,
D/O VIJAYAN, KOTTIYALI HOUSE, KUNNUMKAI,
CHIRAKKAL (PO), KANNUR - 670011.
36* CHEPPILAD GUSNA,
S/O N.K. SUBAIR, CHEPPILATT HOUSE, THANGAL
VAYAL, (PO) VALAPATTANAM, KANNUR - 670010.
37* SHERIN.C.,
S/O SUBAIR, CHEPPILATTU (H), THANGAL VAYAL,
VALAPATTANAM (PO), KANNUR - 670010.
38* MUKKANNAM CHERIYAPURAYIL HABEEB SAHEER,
S/O P.P. IBRAHIMKUTTY, M.V. HOUSE, KUNNUMKAI,
CHIRAKKAL (PO), KANNUR - 670011.
5
W.P.(C) Nos.1204 and 1624 of 2023
39* M.C. MUNEER,
S/O P.P. IBRAHIM KUTTY, M.C. HOUSE, KUNNUMKAI,
CHIRAKKAL(PO), KANNUR - 670011.
40* KODIYOTTUVALAPPIL SOUMINI,
KODIYOTTUVALAPPIL (H), AREYAMBETH, PUZHATHI
P.O., KANNUR - 670011.
41* SULAIKHA M.K.,
MUKKANNANKALATHIL HOUSE, KUNNUMKAI, CHIRAKKAL
(PO), KANNUR - 670011.
42* MARIYATH K.,
KURIKKALAKATH HOUSE, KOLATHUVAYAL,
ANCHAMPEEDIKA (PO), KANNUR - 670331.
43* M.K. ABDUL SATHAR,
SAFIYA MANZIL, PUTHIYATHERU, CHIRAKKAL (PO),
KANNUR - 670011.
44* REEJA SAJEEVAN,
AYSHA QUARTERS, KUNNUMKAI, CHIRAKKAL (PO),
KANNUR - 670011.
45* MUKKANNAM MAVILA KUNNUMMEL KHADEEJA,
M.M. HOUSE , KUNNUMKA, CHIRAKKAL (PO),
KANNUR - 670011.
46* HAVUMMA M M,
SHAJILA MANZIL, PUTHIYATHER, CHIRAKKAL (PO),
KANNUR - 670011.
47* M.M. AYISHA,
SHAJILA MANZIL, PUTHIYATHERU, CHIRAKKAL (PO),
KANNUR - 670011.
48* RAHIYANATH,
W/O P. SIDDIQUE, KURIKKALAKATH HOUSE, NR.
PUTHIYATHERU MANDAPAM, CHIRAKKAL (PO),
KANNUR - 670011.
6
W.P.(C) Nos.1204 and 1624 of 2023
49* SULIAKHA P.P.,
W/O ABDULRASHEED, SULAIKHA MANZIL,
PUTHIYATHERU, CHIRAKKAL (PO), KANNUR - 670011.
50* AMINABI K. ,
W/O V.K. MUHAMMED SHEREEF, KURIKKALAKATH HOUSE,
NR. PUTHIYATHERU MANDAPAM, CHIRAKKAL, CHIRAKKAL
(PO), KANNUR - 670011.
51* P.M. MUNEER,
S/O KADAVN IBRYENKUTTY (LATE), ALIFA, ,
POOTHAPARA, AZHIKODE SOUTH P.O.,
KANNUR - 670009.
52* REMAVATHY E.N.,
REMALAYAM, KANHIRATHARA, CHIRAKKAL (PO), KANNUR
- 670011.
53* MAIMUNATH K.P.,
K.P. HOUSE, KATAMPALLY P.D. KANNUR - 670562.
54* P.P. SULAIKHA,
W/O IBRAHIM, SULAIKHA MANZIL, ALOTTUVAYAL,
PUTHIYATHERU, CHIRAKKAL (PO), KANNUR - 670011.
55* SHAJI P.,
PUTHANPURAYIL, KOTTALI, KOTTALI P.O.,
KANNUR - 670005.
56* PALLIPURARATH PUNNAKKAL CHERIYA AVAMMA,
HAVVAS, PUTHIYATHERU, CHIRAKKAL (PO),
KANNUR - 670011.
57* PAZHAYAPURAYIL ABDU,
S/O BEEVI RAHMAN, NAZEEMA MANZIL, VARAM ROAD,
KANNADIPARAMBU P.O., KANNUR - 670064.
58* RAHMATH P.K.
KHADEEJA MANZIL, NEEROZHUKUMCHAL, CHIRAKKAL
(PO), KANNUR - 670011.
7
W.P.(C) Nos.1204 and 1624 of 2023
59* ASMABI P.K.
KHADEEJA MANZIL, NEEROZHUKUMCHAL, CHIRAKKAL
(PO), KANNUR - 670011.
60* SULAIKHA BEEBI,
M.C HOUSE, KUNNUMKAI, CHIRAKKAL (PO),
KANNUR - 670011.
61* ABDUL AZEEZ,
UMASLEER, AZHIKODAN ROAD, PALLIKUNNU P.O.,
KANNUR - 670004.
62* KALASAKKARAN SAJITH,
KOTTAYIL HOUSE, NR. PURACHERI VAYANASALA,
EZHILODE, PAYYANNUR, KANNUR - 670307.
63* PALLIPURATH PUNNAKKAL SHARAFUNISA,
SAFREENA MAZIL, ARAYAMBETH , CHIRAKKAL (PO),
KANNUR - 670011.
64* ASMA KANIYARAKKAL,
ASMA MANZIL, KUNNUMKAI, CHIRAKKAL (PO),
KANNUR - 670011.
65* GURUDATH,
NARYAN HOUSE, ARYAMBETH, CHIRAKKAL (PO),
KANNUR - 670011.
*ADDITIONAL RESPONDENTS 6 TO 65 ARE IMPLEADED
AS PER ORDER DATED 24.01.2023 IN IA NO.1/2023
IN WP(C) NO.1204/2023.
BY ADVS.
R1, R3, R4 BY SRI.S.RAJMOHAN, SR.GOVT.PLEADER
R2 BY E.C.KURIAKOSE
R2 BY LEJO JOSEPH GEORGE
R5 R.LAKSHMI NARAYAN,SC,MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 08.06.2023, ALONG WITH WP(C).1624/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
8
W.P.(C) Nos.1204 and 1624 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945
WP(C) NO. 1624 OF 2023
PETITIONERS:
SREE KALARIVATHUKKAL DEVASWOM,
REPRESENTED BY ITS EXECUTIVE OFFICER, CHIRAKAL
KOVILAKOM DEVASWOMS, P.O. CHIRAKKAL, KANNUR,
PIN - 670011.
BY ADVS.
MAHESH V RAMAKRISHNAN
PRAVEEN K.S.
RESPONDENTS:
1 THE COMPETENT AUTHORITY AND SPECIAL TAHSILDAR
LAND ACQUISITION (NH) UNIT II, CIVIL STATION,
KANNUR, PIN - 670002.
2 NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REPRESENTED BY ITS PROJECT DIRECTOR, PIU
PROJECT IMPLEMENTATION UNIT, BUILDING
NO.3460/WARD NO.46, ZAHIRA, NEAR DINESH
AUDITORIUM, CIVIL STATION P.O., KANNUR,
PIN - 670002.
3 DISTRICT COLLECTOR
KANNUR, CIVIL STATION, KANNUR, PIN - 670002.
4 STATE OF KERALA,
9
W.P.(C) Nos.1204 and 1624 of 2023
REPRESENTED BY ITS SECRETARY TO REVENUE
(DEVASWOM) DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
5 THE MALABAR DEVASWOM BOARD,
REP. BY ITS SECRETARY, HOUSEFED COMPLEX,
P.O.ERANHIPALAM, KOZHIKODE, PIN - 673006.
6* MOOLAYIL MOOSAN,
S/O MOIDU, ARIFA MANZIL, KANJIRATHARA, P.O
CHIRAKKAL, KANNUR - 670 011
7* SUHRA
D/O EBRAYAN, PALLIPRATH PUNNAKKAL, PUZHATHI,
CHIRAKKAL (PO), KANNUR -670011
8* PONNANKAI THAIKANDY ABDUL RAHMAN,
S/O MAHAMOOD M.M., HOUSE NR. KUNNUMKAI COLONY,
CHIRAKKAL(PO), KANNUR - 670011
9* K.P.MOIDEEN HAJI
M.P.P HOUSE, NARATH P.O., KANNUR - 670 562
10* KADAVAN KADEEJA,
D/O KUNHAMINA, KADAVAN HOUSE, PARAPPILVAYAL
KATTAMPALLY P.O., KANNUR - 670562
11* KANIYARAKKAL UMMER,
PARAPPIL HOUSE, KATTAMPALLY (PO),
KANNUR - 670 562.
12* M.P. SAREENA
SHAHIMAS, A.K.G. ROAD, KATTAMPALLY (PO),
KANNUR - 670562.
13* M.P. SAJITHA
SHAHIMAS, AKG ROAD, KATTAMPALLY (PO),
KANNUR -670562
14* KADAVAN USMAN
HAFSATH MANZIL, A.K.G. ROAD, PUTHIYATHERU P.O.
15* ABOOBACKER P.T
10
W.P.(C) Nos.1204 and 1624 of 2023
ARIFA MANZIL, KANJIRATHARA, P.O CHIRAKKAL,
KANNUR -670011
16* K.P. MOIDEEN HAJI,
KUNNUMKAI PUTHIYAPURAYIL, CHIRAKKAL, P.O
CHIRAKKAL, KANNUR - 670011
17* NASEEMA P.P.
PATTEMPARAMBIL HOUSE, KANNADIPARAMBA (PO),
KANNUR - 670604
18* PONNANKAI THAIKANDY ASMABI
MUKKILEPEEDIKA, P.O CHIRAKKAL, KANNUR - 670 011
19* PONNANKAI THAIKANDY SAFIYA
P.T. HOUSE, KANJIRATHARA (PO), P.O CHIRAKKAL,
KANNUR - 670011.
20* MUKKANNAM MAWNKEEL MAHAMOOD
S/O MOIDEENKUTTY KHADEEJAMANZIL, KANJIRATHARA,
P.O CHIRAKKAL, KANNUR - 670011
21* PONNANKAI THYKANDY SAIDATH SAIDAS
PADINJAREMOOTA, P.O CHIRAKKAL, KANNUR - 670011
22* P.T. ABDU RAHMAN,
S/O MAHAMMAD, M.M.M. HOUSE, KUNNUMKAI, P.O
CHIRAKKAL, KANNUR - . 670 011
23* C.K. DEVI
KULLANGARATH, POURNAMI, ONAPARAMBA, P.O
CHIRAKKAL, KANNUR - 670011.
24* KULANGARATH CHINNAN
SOUPARNIKA, ONAPARAMBA , P.O CHIRAKKAL, KANNUR-
670011.
25* K.P. ALI HAJI
KUNNUMKAI, PUTHIYAPURAYIL, P.O CHIRAKKAL,
KANNUR-670011.
26* P.T. RAHMATHBEEVI,
RAHMATH MANZIL, KOTTAKUNNU, KATTAMPALY (PO),
11
W.P.(C) Nos.1204 and 1624 of 2023
KANNUR .-670011
27* P.P. NASRI
PP HOUSE, THANSEERAS, ARAYAMBETH, P.O
CHIRAKKAL, KANNUR - 670011
28* PUNNAKKAL ABDULRAHIMAN
S/O ABDULLA M., ALA MAL, PUTHIYATHERU MANDAPAM,
P.O CHIRAKKAL, KANNUR.670011
29* JAMEELA P.P.
PUNNAKKAL PALLIPURATH,KUNNUKAI, P.O CHIRAKKAL,
KANNUR - 670011
30* SHAHIN PALLIKANDY SHAHNAS
THANA (PO), KANNUR . -670012.
31* ABDUL JALEEL HAJI
SHAMAHAL , PAPPINASSERY P.O., KANNUR. -670011
32* ABDUL SATHAR K.S
KAPPIKUNDU, AZEEKODE SOUTH P.O., KANNUR.
33* U.K. BALAN NAIR ,
P.K. HOUSE, PUZHATHY, P.O CHIRAKKAL, KANNUR.
34* K.V. BALACHANDRAN
VASANTHAM, NR.SOMESWARY TEMPLE, PUZHATHY, P.O
CHIRAKKAL, KANNUR - .670011
35* JADES CLUB SACHIN SOORYAKANTH
PURUSHOTHAM, GOKULDAS BUILDING, BANK ROAD,
KANNUR-670002
36* HARIS KANIYARAKKAL
SOFIKKANTAVIDA, K.S.HOUSE, KOTTAYIL,
VALAPATTANAM P.O., KANNUR-670010
37* P.P. IBRAHIMKUTTY,
BITHUL HIDAYA, ALAVIL P.O., KANNUR - 670008.
38* MUKANNAM MAVILA KUNNUMMAL KUNJAYISA
M.M.HOUSE, KUNNUMKAI, P.O CHIRAKKAL,
12
W.P.(C) Nos.1204 and 1624 of 2023
KANNUR - 670 011
39* THOLICHI KANDATHIL MUSTHAFFA,
T.K. HOUSE, AKKARAMMAL, NR. KESCO GODOWN, P.O
CHIRAKKAL, KANNUR-670011 KANNUR.-670011
40* KALASAKKARAN SAJITH
KOTTAYIL HOUSE, NR. PURACHERRY VAYANASALA,
EZHILODE PO, PAYYANNUR, KANNUR - 670307
41* ALLINKEEZHIL THANKAM
VIMAL, KATTAMPALLY ROAD, P.O CHIRAKKAL,
KANNUR-670011.
*ADDITIONAL R6 TO R41 ARE IMPLEADED AS PER
ORDER DATED 24.01.2023 IN I.A.1/2023 IN
WP(C)1624/2023)
BY ADVS.
R1, R3, R4 BY SRI.S.RAJMOHAN, SR.GOVT.PLEADER
R2 BY E.C.KURIAKOSE
R2 BY LEJO JOSEPH GEORGE
R5 BY R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 08.06.2023, ALONG WITH WP(C).1204/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
13
W.P.(C) Nos.1204 and 1624 of 2023
JUDGMENT
P.G. Ajithkumar, J.
W.P.(C) Nos.1204 of 2023 and 1624 of 2023:- Facts and nature of dispute in both these Writ Petitions are similar and hence these Writ Petitions are considered and disposed of this common judgment.
2. W.P.(C) No.1204 of 2023:- An extent of 4.5002 hectares of land in Re-survey No.144/5 (new Survey No.144/16) of Chirakkal Village was acquired for the development of National Highway-66. The petitioner would claim that major portion of the said property belongs to the petitioner Devaswom, which is a controlled institution under the Malabar Devaswom Board. Ext.P1 is the scheme under which petitioner-Devaswom is administered. Ext.P2 is the Adangal Extract, which according to the petitioner would show that a major portion of the property under acquisition belongs to the petitioner Devaswom. Ext.P3 is the reference letter submitted by the Special Tahsildar (Competent Authority for Land Acquisition-CALA) referring the acquisition matter to the District Judge, Thalassery under Section 3H(4) of the National 14 W.P.(C) Nos.1204 and 1624 of 2023 Highways Act, 1956. The 1 st respondent-CALA stated in Ext.P3 that 39 persons submitted claims for compensation in respect of parts of the acquired land under Section 3H(3). But none of them submitted reliable documents to substantiate their claim. Therefore, the award amount of Rs.14,08,16,996/- was deposited in the District Court, Thalassery and referred the matter for adjudication under Section 3H(4) of the N.H.Act.
2.1 Subsequently, 21 more persons submitted claims before the 1st respondent, who also failed to produce documents to substantiate their respective claims. Moreover, the entire area under acquisition is waterlogged and no individual sketch in respect of the said properties claimed by each of the claimants could be prepared. Therefore a sketch on the basis of survey subdivision alone was prepared. The petitioner would contend that although it had submitted claim before the 1st respondent vide Ext.P5, that claim was not entertained. The petitioner also submitted request before the District Collector, Kannur pointing out that major portion of the acquired land belongs to it, but no steps were taken. In 15 W.P.(C) Nos.1204 and 1624 of 2023 such circumstances, the petitioner filed this Writ Petition seeking a writ of mandamus commanding the 1st respondent to consider Ext.P5 application.
2.2 The 1st respondent filed a counter affidavit wherein the circumstances in which reference was made to the District Court in the matter are explained. Paragraph No.3 to 5 of the counter-affidavit read,-
"3. Since the above land to be acquired is a water logged area, its boundary cannot be demarcated and is lying in such a nature that its boundary cannot be fixed. There is no physical boundary for individual properties and also disputes are prevailing among land owner, the individual mahazar cannot be prepared. Hence the sketch and mahazar were prepared on survey subdivision basis. Subsequently mahazar and sketch were prepared in the name of the land owners Smt.Thaikandy Safeena, Chinnan, Vijayaraghavan and others. The petitioner, Kalarivathukkal Devaswoms is a Jenmi to the property as per the Adangal Register maintained in the Chirakkal Village. But no sufficient documents are produced by the petitioner for proving the title over the property. Hence an amount of Rs.9,54,67,054.00 was deposited before the Hon'ble Principal Civil Court, Thalassery and the matter was 16 W.P.(C) Nos.1204 and 1624 of 2023 referred to the District Court, Thalassery vide this office Lr.No.LAC 7787 dated 16.09.2021 for proper adjudication by invoking Section 3H(4) of NH Act 1956.
4. On the basis of the above reference made from this office, an OP LA(NH) No.362/2021 case is pending before the Hon'ble Additional District Court-II, Thalassery. In considering the facts of the above case, the Court appointed an Advocate Commissioner and directed to file a report with regard to the measurement and also to ascertain the extent of land acquired. But the Commissioner has not filed any report so far. Since a case is pending before the Hon'ble District Court, Thalassery, only after the decision of the Court the matter can be decided.
5. The petitioner, Kalarivathukkal Devaswoms is a Jenmi to the property as per the Adangal Register maintained in the Chirakkal Village office. The petitioner, has filed a petition before this office for impleading them in the party array. But no relevant documents are produced by the petitioner for proving the fact that they are involved in the matter. So the 1 st respondent could not implead the petitioner as a party to the proceedings. In the above case, the additional parties also claimed and produced documents for proving their right over the property. Hence additional parties entitled to the compensation are also impleaded." 17 W.P.(C) Nos.1204 and 1624 of 2023 2.3 The statement was filed on behalf of the 2 nd respondent in which the facts leading to reference of the land acquisition case to the District Court, Thalassery are explained. Paragraph Nos.3 and 4 of the statement read,-
"3. It is submitted that, as per SO. No 2752(E) dated 08.12.2011 and S.O 72(E) dated 07.01.2013 the Ministry of Road Transport and Highway; Govt. of India issued Notification under section 3A of NH Act 1956 wherein land comprised in various survey numbers including an extent of 4.5002 hectares of land in R.S. No. 144/5 (New Survey No. 144/16) of Chirakkal Amsom Puzhathi Desom of Kannur Taluk in Kannur District was sought to be acquired for the purpose of four-lining of NH-17 (new 66) which was in the possession of Sri Mouveri Mohanan, P.M.Mohammed and Ayisha.K & Others and the compensation determined by the 1s Respondent herein u/s 3G(1) of the National Highways Act (NH Act) is 14,08,16,996/-. However, the disbursement of the compensation amount was deferred since claimants/owner could not furnish documents proving title over the acquired land. Subsequently, 41 others have also come forward and claimed title over the acquired property.
4. It is submitted that the said land is water logged and therefore its boundary cannot be 18 W.P.(C) Nos.1204 and 1624 of 2023 demarcated and is lying in such a nature that its boundary cannot be fixed. The Petitioner herein is a Jenmi to the property as per the Adangal Register maintained in the Chirakkal Village. However, no sufficient documents are produced by the Petitioner for proving the title over the property. Hence the compensation amount determined u/s 3G(1) of NH Act was deposited before the Hon'ble Principal Civil Court, Thalassery as per 3H(4) of the NH Act and thereafter, the matter was referred to the District Court, Thalassery vide Office of the Special Tahsildar LA (NH) Unit 2 Kannur Letter No. LAC 7785 dated 16.09.2021 for adjudication and consequently O.P LA (NH) No. 367/2021 case has been filed on the files of the Hon'ble Additional District Court II, Thalassery. However, the said reference made by the 1 st respondent herein u/s 3H(4) of the NH Act was returned by the Hon'ble Additional District Court I-, Thalassery by virtue of an Order requiring the 1 st respondent to make a proper/fresh reference furnishing details of all claimants in the party array. However, since the claimants so far have not produced sufficient documents to prove title, the 1 st respondent is not in a position to initiate further steps in the matter."
3. W.P.(C) No.1624 of 2023:- An extent of 2.9793 hectares of land in Re-survey No.13/1 (new Survey No.136/5) 19 W.P.(C) Nos.1204 and 1624 of 2023 of Chirakkal Village was acquired for the development of National Highway-66. The petitioner would claim that major portion of the said property belongs to the petitioner Devaswom, which is a controlled institution under the Malabar Devaswom Board. Ext.P1 is the scheme under which petitioner-Devaswom is administered. Ext.P2 is the Adangal Extract, which according to the petitioner would show that a major portion of the property under acquisition belongs to the petitioner Devaswom. Ext.P3 is the reference letter submitted by the CALA referring the acquisition matter to the District Judge, Thalassery under Section 3H(4) of the National Highways Act, 1956. The 1 st respondent-CALA stated in Ext.P3 that 30 persons submitted claim for compensation in respect of parts of the acquired land under Section 3H(3). But none of them submitted reliable documents to substantiate their claim. Therefore, the award amount of Rs.9,54,67,054/- was deposited in the District Court, Thalassery and referred the matter for adjudication under Section 3H(4) of the N.H.Act.
3.1. Subsequently, 6 more persons submitted claims 20 W.P.(C) Nos.1204 and 1624 of 2023 before the 1st respondent, who also failed to produce documents to substantiate their respective claims. Moreover, the entire area under acquisition is waterlogged and no individual sketch in respect of the said properties claimed by each of the claimants could be prepared. Therefore a sketch on the basis of survey subdivision alone was prepared. The petitioner submitted a claim before the 1st respondent as per Ext.P5, but that claim was not entertained. The petitioner also submitted request before the District Collector, Kannur pointing out that major portion of the acquired land belongs to it, but no steps were taken. In such circumstances, the petitioner filed this Writ Petition seeking a writ of mandamus commanding the 1st respondent to consider Ext.P5 application.
3.2 A statement was filed on behalf of the 2nd respondent in which the facts leading to reference of the land acquisition case to the District Court, Thalassery are explained. Paragraph Nos.3 and 4 of the statement read,-
"3. It is submitted that, as per SO. No 2752(E) dated 08.12.2011 and S.O 72(E) dated 07.01.2013 the Ministry of Road Transport and Highway, Govt. of India 21 W.P.(C) Nos.1204 and 1624 of 2023 issued Notification under section 3A of NH Act 1956 wherein land comprised in various survey numbers including an extent of 2.9793 hectares of land in R.S. No. 136/1 (New Survey No. 136/5) of Chirakkal Amsom Puzhathi Desom of Kannur Taluk in Kannur District was sought to be acquired for the purpose of four-laning of NH-17 (new 66) which was in the possession of Smt. Thaikkandy Safeena and the compensation determined by the 1st Respondent herein u/s 3G(1) of the National Highways Act (NH Act) is Rs.9,54,67,054/-. However, the disbursement of the compensation amount was deferred since claimants/owner could not furnish documents proving title over the acquired land. Subsequently, 30 others have also come forward and claimed title over the acquired property.
4. It is submitted that the said land is water logged and therefore its boundary cannot be demarcated and is lying in such a nature that its boundary cannot be fixed. The Petitioner herein is a Jenmi to the property as per the Adangal Register maintained in the Chirakkal Village. However, necessary documents are not produced by the Petitioner for proving title over the property. Hence the compensation amount determined u/s 3G(1) of NH Act was deposited before the Hon'ble Principal Civil Court, Thalassery as per 3H(4) of the NH Act and thereafter, the matter was referred to the District Court, Thalassery vide Office of the Special Tahsildar LA (NH) Unit 2 22 W.P.(C) Nos.1204 and 1624 of 2023 Kannur Letter No. LAC 7787 dated 16.09.2021 for adjudication and consequently O.P LA (NH) No. 362/2021 case has been filed on the files of the Hon'ble Additional District Court-II, Thalassery. Considering the facts in the case, the Court was pleased to appoint an Advocate Commissioner directing the said Commissioner to file a report with respect to the measurements and to ascertain the extent of land acquired. However, the Commissioner is yet to file report. Therefore, the matter can be decided by the 1st respondent only subsequent to the decision of the Court below."
4. Heard the learned counsel for the petitioner, the learned Senior Government Pleader, the learned Standing Counsel for the 2nd respondent and the Malabar Devaswom Board.
5. When these Writ Petitions were filed the persons who claimed right in the acquired land, and whose names were added as claimants in the reference letter, Exts.P3 and P4, were not made parties to these Writ Petitions. They were, however, subsequently impleaded and the petition was amended appropriately. Considering the nature of relief proposed to be granted, service of notice on the party respondents is dispensed with.
23W.P.(C) Nos.1204 and 1624 of 2023
6. From the counter-affidavit filed by the 1st respondent and the statement submitted by the 2 nd respondent, it is evident that the petitioners staked claim of title to the acquired land and submitted application to pay it compensation. That claim was stated declined for the reason that the Adangal Register, Ext.P1, although shows the petitioner to be the Jemni of the property, no other document for proving its title or possession was produced. The learned counsel appearing for the petitioner would submit that being Devaswom, no further document would normally be available to prove its title or possession of the property. When the party respondents, who staked claim also failed to produce documents of title or possession, according to the learned counsel for the petitioner, the 1 st respondent should have referred the claim of the petitioner also for adjudication.
7. This Court in Sreeja v. Union of India and others [2022 (6) KLT 180] held as follows:-
"9. Going by the provisions in sub-section (1) of Section 3-C of the Act, if any landowner has an objection to the acquisition, he shall submit it within 24 W.P.(C) Nos.1204 and 1624 of 2023 21 days from the date of publication of the notification under Section 3-A of the Act. The competent authority has to publish its declaration of acquisition as provided under Section 3-D of the Act, once a decision on objections is taken. The competent authority is expected thereafter to quantify the compensation following the procedure provided in Section 3-G of the Act. Section 3-G(3) of the Act mandates that before proceeding to determine the amount of compensation, the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired. Section 3-G(4) of the Act stipulates that such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner before the competent authority, at a time and place, and to state the nature of their respective interest in such land.
10. The procedure for payment of compensation is provided in Section 3-H of the Act. Section 3-H reads,-
"3-H. Deposit and payment of amount.-- (1) The amount determined under Section 3-G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land. (2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government 25 W.P.(C) Nos.1204 and 1624 of 2023 pay the amount to the person or persons entitled thereto.
(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.
(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.
(5) Where the amount determined under section 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent. per annum on such excess amount from the date of taking possession under Section 3-D till the date of the actual deposit thereof.
(6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of sub-
sections (2) to (4) shall apply to such deposit." Rule 4 of the National Highways (Manner of depositing the amount by the Central Government; Making requisite funds available to the competent authority for acquisition of land) Rules, 2019, reads,-
"4. Where the amount deposited earlier by the executing agency into the account of the competent authority has remained undisbursed, or where the authorisation limit for an account has 26 W.P.(C) Nos.1204 and 1624 of 2023 been issued in favour of the competent authority for disbursement purposes but certain amounts remain undisbursed, due to disputes which are referable to the principal civil court of original jurisdiction for resolution in terms of sub-section (4) of section 3-H of the National Highways Act, 1956, the competent authority shall, while forwarding such references to the Court, cause such undisbursed amounts to be deposited with the principal Court of civil jurisdiction to whom any such disputes are referable, for payment to entitled persons as and when the said disputes are resolved, or the absentee title-holders submit their claims, as the case may be, such amounts deposited with the principal court of civil jurisdiction shall, for all purposes, be deemed as payment made to entitled persons under sub-
section (2) of section 3-H of the Act."
11. If rival claims are received, the competent authority (CALA) should look into it as provided in sub- section (3) of Section 3-H and find out who is the person really entitled to get the compensation. If the question relates to the title and the competent authority is unable on the basis of the materials before it to decide the entitlement to get compensation, the only option for him is to refer the parties under sub-section (4) of Section 3- H of the Act to the Principal Civil Court of Original Jurisdiction after following the procedure for deposit as in Rule 4 in the National Highways (Manner of depositing the amount by the Central Government; Making requisite funds available to the competent authority for acquisition of land) Rules."
27W.P.(C) Nos.1204 and 1624 of 2023
8. This Court in Vallikunnil Janaki Amma and others v. Sree Amrithamangalam Kshethram Moorti, Kozhikode and another [2014 (1) KHC 57] held that though the entries in Settlement Register or Patta granted are not by themselves document of title, in the absence of any other document showing better title, the entries in the Settlement Register can be relied upon to uphold the title. So the Adangal Register/Settlement Register of the properties to be treated as the documents of title for the petitioner Devaswom and the same is binding on the authorities.
9. The learned counsel for the petitioner also placed reliance on the decision of the Full Bench of this Court in Kochu Ouseph v. Joseph and others [1976 KLT 512]. In that decision it was held that the position will be different where the plaintiff does not admit the defendant to be tenant of his and sues as a proprietor to recover the land and the defendant sets up a tenancy right under the plaintiff. In such a case, the plaintiff has not to prove anything, because the admitted paramount title carried with it a presumption that 28 W.P.(C) Nos.1204 and 1624 of 2023 the plaintiff is entitled to hold and possess the land and therefore the person seeking to defeat that right and claiming to hold under him must establish the right so asserted by him.
10. When the party respondents as well as the petitioner failed to produce documents to substantiate their respective claims clinchingly, Ext.P2 Adangal Extract on which the petitioner places reliance to prove its title assumes importance in the light of the law laid down in the aforesaid decisions. The 1st respondent ought to have considered Ext.P5 representation in the respective Writ Petitions in the light of the above-mentioned position of law. As per Ext.P5 the 1 st respondent addressed the District Judge, Thalassery requesting to add additional claimants. Therefore, in case the 1st respondent finds that the petitioner also is to be added as a party, there cannot be any procedural wrangles.
In such circumstances, these Writ Petitions are disposed of directing the 1st respondent to consider Exts.P5 representation in the respective Writ Petition in the light of the 29 W.P.(C) Nos.1204 and 1624 of 2023 observations made above, as expeditiously as possible, at any rate within a period of one month from the date of production of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE dkr 30 W.P.(C) Nos.1204 and 1624 of 2023 APPENDIX OF WP(C) 1624/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SCHEME OF ADMINISTRATION OF THE CHIRACKAL KOVILAKAM DEVASWAMS DATED 29-05-1972.
Exhibit P2 TRUE COPY OF THE ADANGAL EXTRACT DATED 12-10-2022 ISSUED BY THE VILLAGE OFFICER, CHIRACKAL.
Exhibit P3 TRUE COPY OF THE LETTER NO.7787 DATED 16-09-2021 ISSUED TO THE DISTRICT COURT, THALASSERY.
Exhibit P4 TRUE COPY OF THE LETTER NO.7787 DATED 22-11-2021 ISSUED TO THE DISTRICT COURT, THALASSERY.
Exhibit P5 TRUE COPY OF THE LETTER DATED 05-12- 2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS NO. 1 Exhibit P6 TRUE COPY OF THE LETTER DATED 05-12- 2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO. 3.
31
W.P.(C) Nos.1204 and 1624 of 2023
APPENDIX OF WP(C) 1204/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SCHEME OF
ADMINISTRATION OF THE CHIRACKAL
KOVILAKAM DEVASWAMS DATED 29-05-1972.
Exhibit P2 TRUE COPY OF THE ADANGAL EXTRACT DATED 12-10-2022 ISSUED BY THE VILLAGE OFFICER, CHIRACKAL.
Exhibit P3 TRUE COPY OF THE LETTER NO.7785 DATED 16-09-2021 ISSUED TO THE DISTRICT COURT, THALASSERY.
Exhibit P4 TRUE COPY OF THE LETTER NO.7785 DATED 22-11-2021 ISSUED TO THE DISTRICT COURT, THALASSERY.
Exhibit P5 TRUE COPIES OF THE LETTERS DATED 05- 12-2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1.
Exhibit P6 TRUE COPIES OF THE LETTERS DATED 05- 12-2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO. 3.