Kerala High Court
Arumughan.A vs State Of Kerala on 9 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
2024:KER:74935
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 9TH DAY OF OCTOBER 2024 / 17TH ASWINA, 1946
WP(C) NO. 187 OF 2024
PETITIONERS:
1 ARUMUGHAN.A
AGED 49 YEARS
S/O. LATE. APPUKUTTAN, RESIDING AT
KOYYAMARAKATTIL PUTHANPURA HOUSE, KOYYAMARAKAD,
KANJIKODE P.O, PALAKKAD DISTRICT, PIN - 678621
2 DEEPA.R
AGED 26 YEARS
D/O. RAJAKUMARAN, KALANDITHARA PUTHURPADAM HOUSE,
PUDUSSERY P.O, PALAKKAD DISTRICT, PIN - 678623
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, REVENUE (B)
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
2 KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
CORPORATION (KINFRA)
KINFRA HOUSE, TC 31/2312, SASTHAMANGALAM,
THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS
CHAIRMAN, PIN - 695010
3 THE SPECIAL TAHSILDAR (LAND ACQUISITION)
KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
CORPORATION (KINFRA), PALAKKAD DISTRICT,
PIN - 678001
2024:KER:74935
WP(C) NO.187 OF 2024
2
4 THE TAHSILDAR (LAND RECORDS)
PALAKKAD, TALUK OFFICE, CIVIL STATION, PALAKKAD
DISTRICT, PIN - 678001
5 THE VILLAGE OFFICER
PUDUSSERY CENTRAL VILLAGE, PUDUSSERY, PALAKKAD
DISTRICT, PIN - 678621
6 KRISHNAN V
S/O. VELAYUDHAN, PUNNOTE HOUSE, MAYAPALLAM,
KANJIKODE P.O, PALAKKAD DISTRICT, PIN - 678621
7 ADDL.R7. THE KERALA INDUSTRIAL CORRIDOR
DEVELOPMENT CORPORATION LIMITED (TKICDCL)
KINFRA HI TECH PARK, HMT COLONY P.O.,
KALAMASSERY, ERNAKULAM DISTRICT, KERALA, PIN
683503, REPRESENTED BY ITS MANAGING DIRECTOR.
8 ADDL.R8. THE SPECIAL THAHSILDAR (LAND
ACQUISITION)
COCHIN BANGALORE INDUSTRIAL CORRIDOR,
KANJIKODE P.O, PALAKKAD DISTRICT, PIN 678621
[ADDL.R7 & ADDL.R8 ARE IMPLEADED AS PER ORDER
DATED 07.02.2024 IN I.A.1/2024 IN WP(C)187/2024]
BY ADVS.
SMT. DEEPA V. - GOVERNMENT PLEADER
P.U.SHAILAJAN FOR R2
ABHILASH K.N. FOR R6
SUNIL NAIR PALAKKAT(K/1049/1999)
K.M.TINTU(K/000478/2017)
RISHI VARMA T.R.(K/002025/2019)
RITHIK S.ANAND(K/001899/2021)
ANU PAUL(K/002201/2021)
SREELAKSHMI MENON P.(K/001252/2022)
T.R.ANIL VENUGOPAL(A-642)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 09.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:74935
WP(C) NO.187 OF 2024
3
JUDGMENT
The petitioners claim to be the owners in possession of 0.5228 Hectares of land in Re-Survey Block No.31, Re-
Survey No.137/8 and 145 in Pudussery Central Village which was acquired for the purpose of relocating persons who had lost their land while surrendering land for developing the Kochi - Bengaluru Industrial Corridor. Ext.P12 award has been passed. However, the compensation awarded was not disbursed to the petitioners, since the 6 th respondent raised rival title over the property acquired. Hence, the petitioners filed the above Writ Petition seeking reliefs, among other things, to declare that they are entitled to compensation in respect of the property acquired.
2. I have heard Sri. Jacob Sebastian, the learned counsel appearing for the petitioners, Smt. Deepa V., the learned Government Pleader and Sri. K. N. Abhilash, the learned counsel for the 6th respondent.
2024:KER:74935 WP(C) NO.187 OF 2024 4
3. It is submitted by the learned counsel for the petitioners as well as the learned Government Pleader that since there is rival claim over the compensation amount awarded as per Ext.P12, the matter has been referred to the 2nd Additional District and Sessions Court, Palakkad and is pending as L.A.R. No.76/2024. In these circumstances, this Writ Petition is disposed of with a direction to the 2 nd Additional District and Sessions Court, Palakkad to dispose of L.A.R. No.76/2024, as expeditiously as possible, in accordance with law, at any rate within a period of six months from the date of receipt of a copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE BR 2024:KER:74935 WP(C) NO.187 OF 2024 5 APPENDIX OF WP(C) 187/2024 PETITIONERS' EXHIBITS Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE OF THE LAND ISSUED BY THE FIFTH RESPONDENT TO THE PETITIONERS DATED 16.07.2023.
Exhibit-P2 A TRUE COPY OF THE POSSESSION CERTIFICATE OF THE LAND ISSUED BY THE FIFTH RESPONDENT TO THE PETITIONERS DATED 19.07.2023.
Exhibit-P3 A TRUE COPY OF THE POSSESSION CERTIFICATE OF THE LAND ISSUED BY THE FIFTH RESPONDENT TO THE SECOND PETITIONER DATED 21.07.2023.
Exhibit-P4 A TRUE COPY OF THE REGISTERED SALE DEED NO.5130/2022 OF SRO PALAKKAD DATED 19.09.2022.
Exhibit-P5 A TRUE COPY OF THE REGISTERED SALE DEED NO.5131/2022 OF SRO PALAKKAD DATED 19.09.2022.
Exhibit-P6 A TRUE COPY OF THE REGISTERED SALE DEED NO.6754/2022 OF SRO PALAKKAD DATED 19.12.2022.
Exhibit-P7 A TRUE COPY OF THE STATEMENT OF OBJECTIONS OF THE PETITIONERS DATED 18.11.2023.
Exhibit-P8 A TRUE COPY OF THE MAHASAR PREPARED BY THE 4TH RESPONDENT DATED 08.08.2022.
Exhibit-P9 A TRUE COPY OF THE ORDER DATED 12.08.2022 OF THE 4TH RESPONDENT.
2024:KER:74935 WP(C) NO.187 OF 2024 6 Exhibit-P10 A TRUE COPY OF THE GO.(M.S) NO.303/2017/RD DATED 26.08.2017. Exhibit-P11 A TRUE COPY OF THE ORDER DATED 29.12.2023 OF THE 4TH RESPONDENT.
Exhibit-P12 A TRUE COPY OF AWARD NO. 05/2024 IN LAC NO. 315/2022 DATED 16.05.2024 PASSED BY THE EIGHTH RESPONDENT.
RESPONDENT EXHIBITS Exhibit-R6(1). TRUE COPY OF THE CERTIFIED COPY OF PARTITION DEED NO. 2075/1972 OF THE SRO PALAKKAD DATED 28.07.1972 Exhibit-R6(2). TRUE COPY OF THE BASIC TAX REGISTER OF SY.NO. 137/8, BLOCK NO. 31 OF PUTHUSSERRY CENTRAL VILLAGE Exhibit-R6(3). TRUE COPY OF THE DOCUMENT NO. 7110/2009 OF THE SRO PALAKKAD DATED 18.11.2009 Exhibit R6(4). TRUE COPY OF THE BASIC TAX REGISTER DATED 27.03.2010 ISSUED BY THE VILLAGE OFFICER PUTHUSSERRY CENTRAL VILLAGE Exhibit R6(5). TRUE COPY OF THE ORDER DATED 30.07.1980 IN SM NO. 988/1979 DATED 30.07.1980 BEFORE THE SPECIAL TAHSILDAR (LR), LAND TRIBUNAL COYALMANNAM Exhibit R6(6). TRUE COPY OF THE CERTIFICATE OF PURCHASE NO.107/1980 DATED 30.07.1980 ISSUED BY THE SPECIAL TAHSILDAR LAND TRIBUNAL (LR) NO.I, COYALMANNAM Exhibit-R6(7) TRUE COPY OF THE ASSESSMENT EXTRACT DATED 26.10.2023 ISSUED BY THE VILLAGE OFFICER, PUTHUSSERY CENTRAL VILLAGE OFFICE WITH REGARD TO THE PROPERTY SOLD TO C.G SUJATHA 2024:KER:74935 WP(C) NO.187 OF 2024 7 Exhibit-R6(8). TRUE COPY OF THE ASSESSMENT EXTRACT DATED 26.10.2023 ISSUED BY THE VILLAGE OFFICER, PUTHUSSERY CENTRAL VILLAGE OFFICE WITH REGARD TO THE PROPERTY SOLD TO 1ST PETITIONER AND OTHERS Exhibit-R6(9). TRUE COPY OF THE ASSESSMENT EXTRACT DATED 26.10.2023 ISSUED BY THE VILLAGE OFFICER, PUTHUSSERY CENTRAL VILLAGE OFFICE WITH REGARD TO THE PROPERTY SOLD TO PETITIONERS Exhibit R6-(10) TRUE COPY OF THE RECOMMENDATION FOR THE CANCELLATION OF MUTATION PERTAINING TO TRANSACTION 3233/2022 OF THE SRO PALAKKAD Exhibit R6 (11) TRUE COPY OF THE RECOMMENDATION FOR THE CANCELLATION OF MUTATION PERTAINING TO TRANSACTION 3166/2022 OF THE SRO PALAKKAD Exhibit R6 (12). TRUE COPY OF THE APPLICATION DATED 22.06.2022 FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT Exhibit-R6(13). TRUE COPY OF ASSESSMENT DETAILS PERTAINING TO DOCUMENT NO. 5131/2022 OF THE SRO PALAKKAD TAKEN FROM THE WEB PORTAL OF REVENUE DEPARTMENT DATED 11.09.2023 Exhibit-R6(14). TRUE COPY OF ASSESSMENT DETAILS PERTAINING TO DOCUMENT NO. 5130/2022 OF THE SRO PALAKKAD TAKEN FROM THE WEB PORTAL OF REVENUE DEPARTMENT DATED 11.09.2023 Exhibit-R6(15). TRUE COPY OF THE COMPLAINT SUBMITTED BY THIS RESPONDENT ON 11.08.2023 ONLINE