Petitioners seeking assignment of acquired land occupied for decades. Court directed revenue authorities to complete formalities, verify eligibility, and decide within four months after hearing petitioners.
2nd respondent to complete formalities and furnish report; decision on assignment to be made after hearing within four months.
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 ALEXANDER THOMAS
MONDAY,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940
WP(C).No.33298 of 2018
PETITIONERS:
1 K.N.CHANDRAN, AGED 67 YEARS S/O LATE NEELAKANDAN, KAROTTUPARAMBIL HOUSE, KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT - 686 662.
2 MANIYAN, AGED 62 YEARS S/O LATE DAMODHARAN, KUNJUKATTIL HOUSE, KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT-686662.
BY ADV. SRI.GEORGE SEBASTIAN
RESPONDENTS:
1 THE LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE, PUBLIC OFFICE BUILDING, OPP. MUSEUM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033. 2 THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT-682030. 3 THE THAHASILDAR, TALUK OFFICE, MINI CIVIL STATION, MUDAVOOR P.O., MUVATTUPUZHA-686669. 4 THE VILLAGE OFFICER, VILLAGE OFFICE, KOOTHATTUKULAM, ERNAKULAM DISTRICT-686662.
OTHER PRESENT:
SMT.A.C.VIDHYA,GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C)No.33298 of 2018
2
ALEXANDER THOMAS, J.
=============================
W.P(C)No.33298 of 2018
=============================
Dated this the 5th day of November, 2018
JUDGMENT
The petitioners are aggrieved by the delay in
passing orders on the request of the petitioners for
assignment of land in their occupation and
possession.
2. The prayers in the aforecaptioned Writ
Petition (Civil) are as follows:
iv) Grant the costs of this writ Petition.”
3. Heard Sri.George Sebastian, learned counsel
appearing for the petitioners and Smt.A.C.Vidhya,
learned Government Pleader appearing for the
respondents.
W.P(C)No.33298 of 2018
3
4. According to the case projected in this Writ Petition (Civil), the 1st petitioner herein is in possession of 1.65 cents (0.67 Ares) of land and the 2nd petitioner is in possession of 1.11 cents (0.45 Ares) of land in Sy.No.592/10A in Koothattukulam Village, Muvattupuzha Taluk, Ernakulam Revenue District and that the said properties form part of a total extent of 7 cents in Sy.No.592/10A, which was allegedly acquired for the Primary Health Centre, Koothattukulam for dumping of hospital waste etc. but which has been lying unused or get vacant by that authority for a very long time. The basic land tax had been accepted from the petitioners as per Exts.P-1 & P-6. The building property tax accepted in respect of the buildings constructed by the petitioners therein as per Exts.P-5 & P-7 respectively. Exts.P-2 & P-3 are the Possession Certificates issued by the 4th respondentVillage Officer concerned. Ext.P-9 letter dated 30.01.2014 issued by the Medical Officer of the Primary Health Centre, Koothattukulam, stating that
W.P(C)No.33298 of 2018
4
property in question has never been used by the Public Health Centre, for dumping their waste and that the said property is not suitable for the said purpose etc. By Ext.P-10 resolution dated 14.06.1996, Koothattukulam Grama Panchayath has resolved that they have no objection in assignment of the land in favour of the petitioners. That the then property owner had permitted the petitioners to occupy a small portion of the land and were permitted to reside therein and accordingly, the petitioner have been residing there for the last four decades, without any interruption. That in the meanwhile, the petitioners have approached the 3rd respondent-Tahsildar, Muvattupuzha seeking assignment of the said land, but no effective action has been forthcoming thereon. That thereafter, the petitioners have submitted petition before the Revenue Survey Adalat conducted in the year 2015, seeking assignment of the restricted land in their favour and the report was called for by the 2nd respondent from the 3rd respondent. Thereupon,
W.P(C)No.33298 of 2018
5
Ext.P-11 report dated 18.03.2015 has been submitted by the 3rd respondent-Tahsildar addressed to the 2nd respondent-District Collector, stating therein that the petitioners have been residing in the said property after constructing buildings for the last about 30 years and that even though the land appears to have been acquired for the Primary Health Centre concerned, no further action has been taken thereon and no entries had been made in the records. Ext.P-12 report dated 14.01.2016 submitted by the
2nd respondent-District Collector to the 1st respondent-Commissioner of Land Revenue stating that further orders may be issued in respect of the request made by the petitioners for assignment of the petitioners’ land etc. In the light of these factual averments the petitioners have filed the instant writ petition with the aforementioned prayers.
5. Now, when the matter has come up for consideration on 11.10.2018, the same has been adjourned to 05.11.2018, in order to enable the
W.P(C)No.33298 of 2018
6
learned Government Pleader to get instructions. Today when the matter has been taken up for consideration, Smt.A.C.Vidhya, learned Government Pleader has submitted that she has secured written instructions as per letter dated 16.10.2018 issued by the 1st respondent-Commissioner of Land Revenue, wherein it has been stated that the said land was acquired for the Primary Health Centre, for the purpose of constructing a waste depot and vehicle shed and that the petitioners had unauthorisedly encroached into the said land and have been residing there for about 30 years and that a land conservancy case has also been registered against them. That as per G.O(MS)No.387/00/Rd dated 29.12.2000, land acquired for a particular purpose has been kept for that purpose. In case of non-utilization or the purpose transcends, it shall not be assigned and shall be transferred to the Revenue Department. That the Revenue Department could transfer the land for requirement of other departments for Local SelfGovernment. If it is found on enquiry that the land
W.P(C)No.33298 of 2018
7
is not needed for any purpose or other departments of Local Self-Government, then it could be auctioned as per the procedure of the Revenue Recovery Act.
6. That in the light of these aspects, the 1st respondent had informed the 2nd respondentDistrict Collector to furnish the details and the present stage of the land taken, along with the copy of the BTR, sketch and also report of the eligibility of the petitioners to get land assignment. That the 2nd respondent-District Collector as per report No.L2-21057/14(1) dated 14.01.2016, (Ext.P-12 herein), has reported that the land conservancy proceedings has been initiated against the petitioners for unauthorized encroachment and that regarding the land acquisition, no details could be found in the village, Taluk and Revenue Divisional Office. Accordingly, the 1st respondent has directed the 2nd respondent-District Collector to enquire with the entity at which the land acquisition was done and furnish his specific recommendation, along with the
W.P(C)No.33298 of 2018
8
relevant records and the report from the District Collector is awaited. Necessary action will be taken by the 1st respondent on receipt of the report of the 2nd respondent. It is stated therein.
7. Taking note of the abovesaid facts and circumstances, it is ordered that the 2nd respondent will complete the necessary formalities and furnish a report in response to the queries sought for by the 1st respondent-Commissioner of Land Revenue and a
copy of the said report to be furnished by the 2nd respondent to the 1st respondent and shall also be furnished to the petitioners. The petitioners may submit their written submissions/representations before the 1st respondent to advance their respective contentions and submissions. Thereafter, the 1st respondent may take appropriate decision on the request of the 2nd respondent-District Collector and convey the same to the 2nd respondent and a copy of the said communication to be issued by the 1st respondent should also be intimated to the petitioners. Thereafter, the 2nd respondent may take
W.P(C)No.33298 of 2018
9
a decision on the request made by the petitioner for assignment of land, after granting a reasonable opportunity of being heard to the petitioners, without much delay. The entire process in this regard should be duly completed by the respondents 1 & 2, without much delay preferably within an outer time limit of 4 months from the date of production of a certified copy of this judgment. Office of the Advocate General will forward copies of such judgment to all the respondents, for necessary information and further action. The petitioners may also produce copies of this judgment before respondents 1 & 2.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.
Sd/ALEXANDER THOMAS, JUDGE
vgd/07.11.18
W.P(C)No.33298 of 2018
10
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE TAX RECEIP 17.5.2017 WITH RESPECT TO THE OF 1ST PETITIONER |
T DATED PROPERTY |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE PO CERTIFICATE DATED 27.10.1999 |
SSESSION |
| EXHIBIT P3 | A TRUE COPY OF THE CERTIFICAT 3.2.2017 |
E DATED |
| EXHIBIT P4 | A TRUE COPY OF THE RES CERTIFICATE DATED 31.1.2017 IS |
IDENTIAL SUED BY |
| THE KOOTHATTUKULAM MUNICIPALITY 1ST PETITIONER |
TO THE | |
| EXHIBIT P5 | A TRUE COPY OF THE PROPERTY TAX DATED 22.8.2016 OF 1ST PETITIONER |
RECEIPT |
| EXHIBIT P6 | A TRUE COPY OF THE TAX RECEIP 15.11.2016 WITH RESPECT TO THE OF 2ND PETITIONER |
T DATED PROPERTY |
| EXHIBIT P7 | A TRUE COPY OF THE BUILDING TAX DATED 19.12.2007 OF 2ND PETITIONE |
RECEIPT R |
| EXHIBIT P8 | A TRUE COPY OF THE REPORT 19.6.2014 BY THE 4TH RESPONDENT |
DATED |
| EXHIBIT P9 | A TRUE COPY OF THE LETTER 30.1.2014 ISSUED BY THE MEDICAL OF COMMUNITY HEALTH KOOTHATTUKULAM |
DATED OFFICER CENTRE, |
| EXHIBIT P10 | A TRUE COPY OF THE DECISIO 14.6.1996 OF GRAMA PA KOOTHATTUKULAM |
N DATED NCHAYAT, |
| EXHIBIT P11 | A TRUE COPY OF THE REPORT OF RESPONDENT DATED 18.3.2015 |
THE 3RD |
| EXHIBIT P12 | A TRUE COPY OF THE LETTER 21057/14(1) DATED 14.1.2016 |
NO.L2- |
2 issues framed by the court
Whether respondents should assign acquired but unused land to petitioners who have occupied it for decades.
Whether delay in assigning such land warrants issuance of writ directing specific action within a timeframe.
K.N.CHRANDRAN
MANIYAN
THE LAND REVENUE COMMISSIONER
THE DISTRICT COLLECTOR, ERNAKULAM
THE THAHASILDAR
THE VILLAGE OFFICER
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
