Petitioner claimed land was illegally acquired by Panchayat without compensation. Court directed Secretary to consider petitioner's representation, hear her, and pass orders on compensation within one month.
Directing the Secretary to consider the petitioner's representation, ascertain facts, and pass appropriate orders on compensation within one month.
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 MURALI PURUSHOTHAMAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
WP(C) NO.10138 OF 2023
PETITIONER:
THRESSIA ANTONY, AGED 88 YEARS, W/O.LATE ANTONY,
PAZHANILATH VEEDU, EDAYAKUNNAM, CHERANALLOOR
VILLAGE, SOUTH CHITTOOR P.O, ERNAKULAM, PIN- 682027
BY ADV.S.SUJINI
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012 THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 6820303 DEPUTY DIRECTOR OF PANCHAYAT, FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 6820304 CHERANALLOOR GRAMA PANCHAYAT REPRESENTED BY THE SECRETARY, SOUTH CHITTOOR P.O, ERNAKULAM, PIN - 6820275 THE SECRETARY, CHERANALLOOR GRAMA PANCHAYAT SOUTH CHITTOOR P.O, ERNAKULAM, PIN - 6820276 THE TALUK SURVEYOR KANAYANOOR TALUK, ERNAKULAM, PIN - 6820187 THE VILLAGE OFFICER KANAYANOOR TALUK, ERNAKULAM, PIN – 682018 BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER BY SRI.T.K.AJITHKUMAR, SCTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.10138 OF 2023
2
JUDGMENT
The petitioner, an octogenarian, states that
she is the absolute owner in possession of 10.300
cents of land in Resurvey No.202/3 of
Cherannalloor Village, Ernakulam. According to the
petitioner, the 4th respondent Panchayath has
illegally acquired 3.5 cents out of the aforesaid
property without following the procedure for
acquisition and without paying any compensation.
2. The petitioner had earlier approached this
Court by filing WP(C) No.39035 of 2015 and this
Court had, by Ext.P1 judgment dated 06.04.2016,
directed the Secretary of the Panchayat to
consider the representation filed by the
petitioner highlighting her grievance. Pursuant to
Ext.P1 judgment, a meeting was convened by the
WP(C) NO.10138 OF 2023 3
Panchayat Committee and in Ext.P3 minutes, it has
been recorded that there is an opinion that the
petitioner shall be paid compensation.
3. The learned counsel for the petitioner
submits that the petitioner is not so far paid any
compensation pursuant to Ext.P3. Accordingly, the
petitioner submitted Ext.P4 representation before
the 5th respondent, the Secretary of the Panchayat.
Since no steps have been taken thereon, the
petitioner has filed this writ petition for a
direction to respondents 4 & 5 to assess, compute
and disburse the compensation in respect of 3.5
cents of land referred to above.
4. Heard the learned counsel for the
petitioner, learned Senior Government Pleader
appearing for respondents 1 to 3, 6 & 7 and the
learnedStandingCounselappearingfor
WP(C) NO.10138 OF 2023 4
respondents 4 & 5.
5. It is submitted by the learned Standing
Counsel for the Panchayat that no property of the
petitioner has been acquired by the Panchayat for
the purpose of formation of the road and that the
said 3.5 cents of land referred to in the writ
petition is vested with the Panchayat and is
included in its Asset Register. Referring to
Ext.P3, the learned Standing Counsel further
submits that the petitioner will be heard pursuant
to Ext.P4 and appropriate orders will be passed
within a period of one month.
6. Accordingly, this writ petition is disposed
of directing the 5th respondent to consider Ext.P4
and pass appropriate orders as expeditiously as
possible, at any rate, within a period of one
month from the date of receipt of a certified copy
WP(C) NO.10138 OF 2023 5
of this judgment, after hearing the petitioner or
her authorised representative. On passing such
order, it shall be communicated to the petitioner.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
sp/19/10/2023
WP(C) NO.10138 OF 2023
6
APPENDIX
PETITIONERS' EXHIBITS:-
EXHIBIT P1TRUE COPY OF THE JUDGMENT IN WP(C)
NO.39035/2015 DATED 06.04.2016.
EXHIBIT P2TRUE COPY OF THE REPRESENTATION DATED
07.05.2016, FILED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P3TRUE COPY OF THE EXTRACT OF PROCEEDINGS
THAT TOOK PLACE IN THE OFFICE OF THE
4TH RESPONDENT ON 25.04.2016.
EXHIBIT P4TRUE COPY OF THE REPRESENTATION DATED
27.12.2018 ADDRESSED TO THE 4TH
RESPONDENT.
EXHIBIT P5TRUE COPY OF THE COMPLAINT PREFERRED
BEFORE THE 2ND RESPONDENT NUMBERED AS Q
NO.79/2022 AND THE DIRECTIONS CONTAINED
THEREIN DATED 22/8/2022
EXHIBIT P6TRUE COPY OF THE COMMUNICATION DATED
14.10.2022 FROM THE OFFICE OF THE 2ND
RESPONDENT.
1 issue framed by the court
Whether the Grama Panchayat must assess, compute, and disburse compensation to the petitioner for land allegedly vested with it without following acquisition procedure.
Thressia Antony
State of Kerala represented by Secretary to Local Self Government Department
The District Collector
Deputy Director of Panchayat
Cheranalloor Grama Panchayat
The Secretary, Cheranalloor Grama Panchayat
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court