Dismissed

Malayora Highway Action Committee v. State of Kerala

Kerala HC17 Dec 2018WP(C)/28088/2018

Case brief

AI extract

What is this about?

This writ petition challenged forced property acquisition for road widening and compulsion to sign surrender forms. The court directed respondents to comply with land acquisition laws and refrain from forcing free land surrender, extending relief to signatories.

What did the court decide?

Directing respondents not to forcibly take properties or compel signing surrender forms; acquisition permitted only under valid land acquisition laws.

Malayora Highway Action Committee Vs State of Kerala — Land Acquisition | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

MONDAY, THE 17TH DAY OF DECEMBER 2018 / 26TH AGRAHAYANA, 1940

¶5

WP(C).No. 28088 of 2018

¶6

PETITIONERS:

¶7

1 MALAYORA HIGHWAY ACTION COMMITTEE, THIRUVAMBADY, REPRESENTED BY ITS PRESIDENT, M.D.MATHEW, S/O.DEVASSIA, AGED 72 YEARS, MANGALATHIL HOUSE, KOODRANJI PO, THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN-673 604.

¶8

2 M.D.MATHEW, S/O.DAVASSIA, AGED 72 YEARS, MANGALATHIL HOUSE, KOODRANJI P.O., THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN-673604.

¶9

3 ROBIN THOMAS

¶10

S/O.THOMAS, AGED 48 YEARS, AKKATTUMUNDAKKAL, THIRUVAMBADY, PULLURAMPARA P.O., PIN-673603, THAMARASSERY TALUK, KOZHIKODE DISTRICT.

¶11

4 JAMES THARANIYIL

¶12

S/O.KURIAKOSE, THARANIYIL HOUSE, THIRUVAMBADY, PUNNAYKKAL, PIN-673603, THAMARASSERY TALUK, KOZHIKODE DISTRICT .

¶13

5 GEORGE, S/O.VARKEY, PARADIYIL HOUSE, KUMBARA BAZAR, PIN-673604, THAMARASSERY TALUK, KOZHIKODE DISTRICT.

¶14

6 JOSHY BENEDICT, S/O.BENEDICT A.J., AKKATTUMUNDAKKAL, THIRUVAMBADY, PULLURAMPARA P.O., PIN-673603, THAMARASSERY TALUK, KOZHIKODE DISTRICT.

¶15

BY ADVOCATES M/S.M.P.RAMNATH, RAJESH KOTTAKKAL P., VARGHESE VARGHESE M., SEBASTIAN K.J., S.SANDHYA, BEPIN PAUL, SHALU VARGHESE, DEEPAK S. & ANTONY THARIAN

¶16

RESPONDENTS:

¶17

1 STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

¶18

2 THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT, CIVIL STATION, KOZHIKODE, PIN – 673001.

¶19

3 THE PWD ROADS SECTION, PWD OFFICE, THIRUVAMBADY, KOZHIKODE, PIN-673603, REPRESETNED BY THE ASSISTANT ENGINEER INCHARGE.

¶20

4 THE SUPERINTEDENT OF POLICE (RURAL), KOZHIKODE, OFFICE OF THE SUPERINTENDENT OF POLICE (RURAL), KOZHIKODE, PIN-673004.

¶21

5 THE TAHSILDAR, THAMARASSERY TALUK, TALUK OFFICE, KOZHIKODE, PIN-673573.

¶22

6 THE VILLAGE OFFICER, KOODARANHI VILLAGE OFFICE, KOZHIKODE, PIN-673604.

¶23

7 THE VILLAGE OFFICER, NELLIPOYIL VILLAGE OFFICE, KOZHIKODE, PIN-673580.

¶24

8 THE VILLAGE OFFICER, THIRUVAMBADY VILLAGE, KOZHIKODE, PIN-673 603. BY SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER FOR R1 TO R8

¶25

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

¶26

17.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

ALEXANDER THOMAS, J.

¶28

W.P.(C)No.28088 of 2018

¶29

Dated this the 17^th day of December, 2018

¶30

J U D G M E N T

¶31

The prayers in the afore captioned Writ Petition (Civil) are

¶32

as follows.

¶33

“

¶34

a) Issue a writ in the nature of mandamus or such other writs or orders directing the respondents not to forcibly take the properties of the petitioners and all the signatories in Ext P1 representation or commit any act of waste or damage thereupon other than through due 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.

¶35

b) Issue a writ in the nature of mandamus or such other writs or orders directing to see to it that none including the petitioners are compelled, against their will and by force to sign any land surrender forms like Ext P5 or otherwise.

¶36

c) Grant such other reliefs as this Hon'ble court may deem fit.

¶37

d) Award the cost of this writ petition.”

¶38

Heard Sri.M.P.Ramnath, learned counsel appearing

¶39

for the petitioners, and Sri.Saigi Jacob Palatty, learned Senior Government Pleader, appearing for the official respondents 1 to 8.

¶40

According to the petitioners, the respondent

¶41

authorities concerned are taking illegal steps to forcefully

¶42

..4..

¶43

W.P.(C).No.28088/2018

¶44

encroach into the petitioners' property for the purpose of widening a road, and that the petitioners are being compelled to sign and execute free surrender forms as in Ext.P-5, etc. The petitioners would state that, no proceedings have been issued under any valid law, for the purpose of acquisition of petitioners' property, for the widening of the abovesaid road in question. It is in the light of these aspects that, the petitioners have filed the instant Writ Petition (Civil) for the afore mentioned prayers.

¶45

Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents 1 to 8 would submit on the basis of instructions that, the abovesaid apprehensions and allegations raised by the petitioners are without any substance, and that the competent authority among the official respondents will not take any forcible action to dispossess the petitioners from the property in question, except in accordance with due course of law. Hence it is ordered that, in case the competent authority among the respondents wishes to acquire the lands of the petitioners for the purpose of widening of road or any such other bonafide public purposes, then they can do so only after rigorous observance of the

¶46

..5..

¶47

W.P.(C).No.28088/2018

¶48

provisions contained in the valid enactment relating to acquisition of lands. Further it is also ordered that, the respondents shall not compel the petitioners to execute any surrender forms as in Ext.P5 for free surrender of their lands, etc. It is pointed out by the petitioners' counsel that, in the light of the dictum laid down by this Court in 2 018 (3) KHC 530, the petitioners have paid court fee of Rs.20,000/-, which is in respect of the claim of the 1^st petitioner association and the other 199 persons who are the signatories in Ext.P-1, who are also the members of the 1^st petitioner association. Accordingly it is ordered and declared that, the merits of this direction will enure not only to the 1^st petitioner association as well as the petitioners 2 to 6, but also to the signatories in Ext.P-1.

¶49

With these observations and directions this Writ Petition (Civil) will stand finally disposed of.

¶50

Sd/-

¶51

ALEXANDER THOMAS, JUDGE

¶52

MMG

¶53

W.P.(C).No.28088/2018

¶54

..6..

¶55

APPENDIX OF WP(C).NO.28088/2018

¶56

PETITIONERS' EXHIBITS:

¶57

EXHIBIT P1 TRUE PHOTO COPY OF THE REPRESENTATION DATED 8/8/2018 SUBMITTED BY PETITIONERS AND OTHERS TOTALING TO 200 PERSONS TO THE 2ND RESPONDENT WITH COPY TO RESPONDENTS 3 TO 8 BY REGISTERED POST. EXHIBIT P2 TRUE PHOTO COPY OF THE RECEIPT NO. 21420392 DATED 14/8/2018 AND NUMBERING THE PETITIOENR'S APPLICATION AS NO. 63176 ISSUED FROM THE 2ND RESPONDENT'S OFFICE ON RECEIPT OF EXT.P1. EXHIBIT P3 TRUE PHOTO COPY OF THE POSTAL REGISTRATION RECEIPTS DATED 14/8/2018 (6 NOS) OF HAVING SENT EXT. P1 TO RESPONDENTS 3 TO 8 BY PETITIONERS EXHIBIT P4 THE TRUE COPIES OF PHOTOGRAPHS (8 NOS) SHOWING THE ROAD AS IT LIES IN VARIOUS PLACES IN THE AREA EXHIBIT P5 THE PHOTO COPY OF LAND RELINQUISHMENT FORM, BEING COMPELLED TO BE ATTEMPTED TO BE GOT SIGNED AS IN FORM A RULE-3 WITH DECLARATION IN FORM-B RULE-3 EXHIBIT P6 THE TRUE PHOTO COPY OF THE QUERIES DATED 26.9.2017 MADE BEFORE THE EXECUTIVE ENGINEER (B&R), CIVIL SATION KOZHIKODE, UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P7 THE TRUE PHOTO COPY OF THE REPLY DATED 22/11/2017 BEARING NO.AE-TDY/RTI/2017 GIVEN TO EXT. P6 BY THE 3RD RESPONDENT

Malayora Highway Action Committee v. State of Kerala

Case brief

What is this about?

What did the court decide?

Malayora Highway Action Committee v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Premakumari T.N Vs Union of India

C.G.Radhadevi Vs the State of Kerala

T.P.Sulaika Vs State of Kerala

Nazeer M.K. Vs the Thalassery Municipality

Philomina Abraham Alias Sisily Abraham Vs State

Ammini Amma Vs State of Kerala