Petitioners challenged eviction and alleged their land was not acquired for Vizhinjam project. The Court directed the District Collector to verify title, measure land, and verify compensation entitlement within three months.
Petitioners directed to the District Collector to verify title and compensation within three months; petition disposed of otherwise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 12TH DAY OF FEBRUARY 2016/23RD MAGHA, 1937
WP(C).No. 1323 of 2016 (M)
PETITIONER(S):
1. AROGYAMARY,
2. SHYJU, AGED 28 YEARS, S/O. LATE THANKAPPAN, SHYNI BHAVAN, PANANVILACODE, SHANTHI GRAMOM, MULLOOR P.O, VIZHINJAM, TRIVANDRUM.
3. SHYNI THANKACHAN, AGED 32 YEARS,D/O. AROGYASWAMI, PANANVILACODE, SHANTHI GRAMOM, MULLOOR P.O, VIZHINJAM, TRIVANDRUM.
BY ADV. SRI.SABU S.KALLARAMOOLA.
RESPONDENT(S):
1. STATE OF KERALA,
2. THE DISTRICT COLLECTOR,
3. VIZHINJAM INTERNATIONAL SEAPORT LIMITED (VISL), 1ST FLOOR, 'VIPANCHIKA', NEAR GOVT. GUEST HOUSE, THYCAUD,
4. THE VILLAGE OFFICER,
R3 BY SRI.C.S.AJITH PRAKASH,SC,VIZHINJAM INTERNATIONAL SEAPORT LIMITED BY GOVERNMENT PLEADER SMT.C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs.
WP(C).No. 1323 of 2016 (M)
APPENDIX
PETITIONER(S)' EXHIBITS :
| EXHIBIT P1 | TRUE COPY | OF SALE DEED NO 230/1999 OF VENGANOOR SRO. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY RESPONDENT |
OF TAX RECEIPT DATED 07-12-2004 ISSUED BY 4TH . |
| EXHIBIT P2(A) | TRUE COPY | OF G.O(NO 42/10/F&PD DATED 29-05-2010. |
| EXHIBIT P3 | TRUE COPY | OF SALE DEED NO 1651/2012 OF VENGANOOR SRO. |
| EXHIBIT P4 | TRUE COPY | OF SALE DEED NO 1652/2012 OF VENGANOOR SRO. |
| EXHIBIT P5 | TRUE COPY PETITIONER |
OF COMPLAINT DATED 21/08/2013 FILED BY THE 2ND . |
| EXHIBIT P6 | TRUE COPY | OF COMPLAINT DATED 28-11-2015. |
| EXHIBIT P7 | TRUE COPY | OF RECEIPT DATED 01-2-2015. |
| EXHIBIT P8 | TRUE COPY | OF REPORT DATED 25-11-2015 OF 4TH RESPONDENT. |
RESPONDENT(S)' EXHIBITS:
NIL.
/TRUE COPY/
P.A.TO JUDGE
rvs.
A. Muhamed Mustaque, J.
====================================
W.P.(C)No.1323 of 2016
====================================
Dated this the 12th day of February, 2016.
JUDGMENT
to take over the property belonging to the petitioners in Re.Sy.No.284/1-2 & 284/1-2-1 of Vizhinjam village. Petitioners submit that the their property was not acquired for the purpose of Vizhinjam project and therefore they cannot be evicted from the land in question.
W.P.(C)No.1323 of 2016
-:2:-
taking measurement with respect to the title deed of the petitioners. The District Collector shall also verify whether compensation has to be paid to the petitioners. If the District Collector is of the view that the petitioners are the rightful owners, then he shall take steps to release the compensation accordingly. Needful shall be done within a period of three months from the date of receipt of a copy of this judgment.
Writ petition is disposed of as above.
A. Muhamed Mustaque, Judge.
sl.
3 issues framed by the court
Whether petitioners are rightful owners of the land in question and entitled to compensation for acquisition.
Whether the District Collector is directed to enquire into the title and compensation claim.
The timeline for the District Collector to complete the enquiry and release compensation if due.
Arogiamary and Others
State of Kerala
District Collector, Kudappanakunnu
Vizhinjam International Seaport Limited
Village Officer, Vizhinjam
A. Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
