Kerala High Court
Purushothaman M.R vs State Of Kerala on 27 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
MONDAY, THE 27TH DAY OF JULY 2020 / 5TH SRAVANA, 1942
WP(C).No.14525 OF 2020(M)
PETITIONERS:
1 PURUSHOTHAMAN M.R.,
AGED 54 YEARS,
S/O. RAJAPPAN, MANIYAMPARA HOUSE, KOODARANJI P.O,
THAMARASERRY TALUK, KOZHIKODE DISTRICT, PIN-673 604
2 RAJAPPAN M.K,
AGED 77 YEARS,
S/O. KUNJUKUTTY, MANIYAMPARA HOUSE, KOODARANJI P.O,
THAMARASERRY TALUK, KOZHIKODE DISTRICT, PIN-673 604
3 KARAPPAN,
AGED 65 YEARS,
S/O. UNNIKUTTY, KALANGADAN HOUSE, KOODARANJI P.O,
THAMARASERRY TALUK, KOZHIKODE DISTRICT, PIN-673 604
4 MALLIKA,
AGED 63 YEARS,
W/O. SASI, MANJAKURUVINGAL HOUSE, KOODARANJI P.O,
THAMARASERRY TALUK, KOZHIKODE DISTRICT, PIN-673 604
5 JOSEPH,
AGED 69 YEARS,
S/O. JOSEPH, VADAKKEDATHU HOUSE, KOODARANJI P.O,
THAMARASERRY TALUK, KOZHIKODE DISTRICT, PIN-673 604
BY ADV. SMT.K.K.JYOTHILAKSHMY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001
2 THE DISTRICT COLLECTOR,
KOZHIKODE DISTRICT, CIVIL STATION,
KOZHIKODE, PIN-673 001
3 THE PWD ROAD SECTION,
PWD OFFICE, THIRUVAMBADY, KOZHIKODE-673 603
REPRESENTED BY ITS ASST. ENGINEER IN CHARGE
WP(C).No.14525 OF 2020 2
4 THE SUPERINTENDENT OF POLICE (RURAL),
KOZHIKODE, OFFICE OF THE SUPERINTENDENT OF
POLICE(RURAL),
KOZHIKODE, PIN-673 004
5 THE TAHSILDAR,
THAMARASERY TALUK, TALUK OFFICE,
KOZHIKODE, PIN-673 573
6 THE VILLAGE OFFICER,
KOODARANJI VILLAGE OFFICE, KOZHIKODE-673 604
SRI K.P HARISH SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14525 OF 2020 3
JUDGMENT
This Writ Petition is filed by the petitioners herein seeking the following reliefs :
1. Issue writ in the nature of mandamus or such other writs or orders directing the respondents not to forcefully take the properties of the petitioners or commit any waste or damage thereupon other than through the process of law and if any private properties are required for the road expansion process, to only do so after complying with the due process of law including under the Right to fair compensation and Transparency in Land Acquisition, Rehabilitation and resettlement Act, 2013 and on paying due and proper compensation.
2. Issue a Writ in the nature of mandamus or such other Writs or orders directing to see that none of the petitioners shall be compelled, against their will and by force to sign any land surrender forms like Exhibit P16 or otherwise
2. The grievance of the petitioners in this Writ Petition is that the respondents are initiating steps to take forcible possession of the properties owned and possessed by them. It is contended that the respondents compelled the petitioners to surrender portions of their land and they were forced to sign on the surrender forms. They vociferously contend that if the State intends to acquire the WP(C).No.14525 OF 2020 4 land for any bona fide public purpose, they will have to follow the procedure for acquisition as provided under Act 30 of 2013.
3. Sri K.P. Harish, the learned Government pleader, on instructions, submitted that apprehensions entertained by the petitioners herein are misconceived. He points out that the procedure for acquisition of law under the provisions of Act 30 of 2013 will be followed in its letter and spirit and that they shall not acquire any property except as per the provisions of law. The learned Government pleader denied that the petitioners were forced to sign surrender forms and points out that if there was any bona fides in the said submission, nothing prevented the petitioners from challenging the same before the jurisdictional forum.
In view of the emphatic submission of the learned Government pleader for and on behalf of the State this Writ Petition is disposed of ordering that if the land owned and possessed by the petitioners are intended to be acquired for any public purpose, the same shall only be done by scrupulously following the provisions of Act 30 of 2013.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C).No.14525 OF 2020 5 APPENDIX PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO.
833/2002 OF SRO, MUKKOM EXECUTED BY RAJAPPAN IN FAVOUR OF 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT, DATED 23- 06-2020 ISSUED FROM VILLAGE OFFICE, KOODARANJI IN FAVOUR OF 1ST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE SKETCH, DATED 25-06- 2020, OF THE PROPERTY OF THE 1ST PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE SALE DEED EXECUTED BY ANNAMMA AND JOSEPH IN FAVOUR OF 2ND PETITIONER AS DOCUMENT NO. 1678/1991, SRO MUKKOM EXHIBIT P5 TAX RECEIPT, DATED 23-06-2020 ISSUED FROM VILLAGE OFFICE, KOODARANJI, IN FAVOUR OF 2ND PETITIONER.
EXHIBIT P6 THE TRUE COPY OF THE SKETCH OF THE PROPERTY OF THE 2ND PETITIONER, DATED 25- 06-2020 EXHIBIT P7 THE TRUE COPY OF THE ASSIGNMENT DEED EXECUTED BY MATHEW IN FAVOUR OF KARUPPAN AS DOCUMENT NO. 1700/1996 OF SRO, MUKKOM.
EXHIBIT P8 THE TRUE COPY OF THE TAX RECEIPT, DATED 21-05-2020 ISSUED FROM VILLAGE OFFICE, KOODARANJI IN FAVOUR 3RD PETITIONER EXHIBIT P9 THE TRUE COPY OF THE SKETCH, DATED 25-06- 2020, OF THE PROPERTY OF THE 3RD PETITIONER EXHIBIT P10 THE TRUE COPY OF THE SETTLEMENT DEED EXECUTED BY SASI IN FAVOUR OF HIS WIFE MALLIKA, 4TH PETITIONER.
EXHIBIT P11 THE TRUE COPY OF THE TAX RECEIPT, DATED 25.6.2020 ISSUED FROM VILLAGE OFFICE KOODARANJI IN FAVOUR OF THE 4TH WP(C).No.14525 OF 2020 6 PETIITONER.
EXHIBIT P12 THE TRUE COPY OF THE SKETCH, DATED 04-03- 2010 ISSUED FROM VILLAGE OFFICE, KOODARANJI IN FAVOUR OF 4TH PETITIONER. EXHIBIT P13 THE TRUE COPY OF THE GIFT DEED EXECUTED BY ANNAMMA IN FAVOUR OF 5TH PETITIONER AS DOCUMENT NO.64/1983 OF SRO, MUKKOM EXHIBIT P14 THE TRUE COPY OF THE TAX RECEIPT, DATED 23-06-2020 ISSUED FROM VILLAGE OFFICE, KOODARANJI IN FAVOUR OF 5TH PETITIONER. EXHIBIT P15 THE TRUE COPY OF THE OBJECTION, DATED 15- 11-2016 FILED BY THE PETITIONERS BEFORE THE CONCERNED MLA EXHIBIT P16 THE TRUE COPY OF THE UNFILLED SURRENDER FORM EXHIBIT P17 THE TRUE COPY OF THE JUDGEMENT, DATED 17- 12-2018 IN W.P(C) NO. 28088 OF 2018 OF THE FILE OF THIS HONOURABLE COURT IN SIMILAR CASE.
RESPONDENTS EXHIBITS:NIL