Disposed

Sreedharan v. Vs State of Kerala

Kerala HC13 Mar 2024WP(C)/21958/2023

Case brief

AI extract

What is this about?

This writ petition questioned the construction on petitioners' land without adhering to the 2013 Land Acquisition Act procedures. The Court directed the respondents to follow the Act's procedural requirements before proceeding. The petition was disposed of with this direction.

What did the court decide?

Directed respondents to follow the procedure contemplated under the 2013 Act for land acquisition and disburse compensation on production of valid title documents.

Sreedharan v Vs State of Kerala — Land Acquisition | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

¶4

WEDNESDAY, THE 13^TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945

¶5

WP(C) NO. 21958 OF 2023

¶6

PETITIONERS:

¶7

1 SREEDHARAN V AGED 77 YEARS 'SREEPURAM', COMPOUNDER SHOP, PINARAI P.O., KANNUR DISTRICT., PIN - 670741

¶8

2 PURUSHU K.K AGED 56 YEARS

¶9

D/O. DEVI KARUVEIKANDY, 'DEVI KRIPA', KOOLI BAZAR, VADAKKUMBAD P.O., NETTOOR, KANNUR DISTRICT., PIN - 670105

¶10

3 RAJEEV P.K AGED 51 YEARS

¶11

S/O. LAKSHMANAN KUNIYIL, AISWARYAMAVULLATHIL HOUSE,

¶12

PINARAI P.O., KANNUR DISTRICT., PIN - 670741

¶13

4 ANEESH K

¶14

AGED 43 YEARS

¶15

S/O. SANTHA KUNIYIL, KUNIYIL HOUSE, N VADAKKUMBAD P.O., KANNUR DISTRICT., PIN - 670105

¶16

BY ADVS.

¶17

C.P.PEETHAMBARAN RAMSEENA UDAYAKUMAR

¶18

RESPONDENT/S:

¶19

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

¶20

2 THE MANAGING DIRECTOR KERALA IRRIGATION INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, EANCHAKKAL, THIRUVANANTHAPURAM., PIN - 695024

¶21

3 ERANHOLI GRAMA PANCHAYATH ERANHOLI, KANNUR DISTRICT, REPRESENTED BY ITS

¶22

W.P.(C).No.21958 of 2023 2

¶23

SECRETARY., PIN - 670101

¶24

4 THE CHIEF EXECUTIVE POULOSE GEORGE CONSTRUCTION COMPANY LIMITED, AISWARYA TOWERS, PUTHEN CROSS ROAD, KARIKUGAL P.O., KOCHI., PIN - 682303

¶25

5 ADDL.R5 THE DISTRICT COLLECTOR, KANNUR, THAVAKKARA, KANNUR - 670002.

¶26

6 ADDL.R6 THE TAHSILDAR (LAND ACQUISITION), THALASSERY, OFFICE OF THE TAHSILDAR (LAND ACQUISITION), MINI CIVIL STATION BUILDING, PALISSERY, KANNUR - 670104. [ADDL.R5 & R6 ARE IMPLEADED AS PER ORDER DATED 19.02.2024 IN I.A1/2024 IN WP(C) 21958/2023]

¶27

BY ADVS. GOVERNMENT PLEADER Pirappancode V.S.Sudheer V.S RAMESH BABU T No Advocate AKASH S.(K/980/2008) GIRISH KUMAR M S(K/001593/2018) DEVIKA JAYARAJ(K/003117/2022) C.K.SREEJITH(K/2048/1999)

¶28

OTHER PRESENT:

¶29

SPL.GP - SUJITH MATHEW JOSE

¶30

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶31

W.P.(C).No.21958 of 2023 3

¶32

VIJU ABRAHAM,J

¶33

W.P.(C).No.21958 of 2023

¶34

Dated this the 13^th day of March, 2024

¶35

JUDGMENT

¶36

Petitioners have approached this Court seeking

¶37

a direction to the respondents not to carry out

¶38

any construction or go with the construction in

¶39

the property of the petitioners and other co-

¶40

owners, comprised in Survey No.37/1B of Eranholi

¶41

Village, without adhering the provisions of

¶42

Sections 4 to 8,11 and 19 of the Right to Fair

¶43

Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for

¶44

short the Act,2013) and without paying

¶45

compensation to the petitioners under Section 30 of the Act.

¶46

Petitioners claim to be the owners of various

¶47

extent of land covered by Exts.P9, P10 and P11.

¶48

The grievance raised by the petitioners that the

¶49

property is being taken over for construction of a Regulator cum bridge without following the

¶50

procedures as per the Act, 2013.

¶51

W.P.(C).No.21958 of 2023 4

¶52

When the matter came up for consideration

¶53

earlier this Court on 24.08.2023 an interim order has passed directing that any land belonging to the petitioners shall be taken over for the purposes of construction of Regulator cum Bridge by the second respondent only on the basis of any consent given by the petitioners or after following the procedure contemplated by the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

¶54

The learned Special Government Pleader

¶55

(Irrigation) upon instructions submitted that the

¶56

land acquisition proceedings is only at the

¶57

initial stage and acquisition of the property is done only in accordance with the Act, 2013 and reasonable fair compensation will be given to the owners of the acquired properties as stipulated in

¶58

the Act, 2013 on production of necessary documents, and all legal notices stipulated in the Act, 2013 will be issued to the land owners in due course. Taking into consideration the above said

¶59

W.P.(C).No.21958 of 2023 5

¶60

interim order granted on 24.08.2023 and the submission made by the learned Special Government Pleader on the basis of the instructions received from the Special Tahsildar (LA), KIIFB, Kannur dated 27.02.2024, this writ petition is disposed of directing the respondents to follow the procedure as contemplated the Act, 2013 for acquiring the land of the petitioners and disburse the compensation due to the petitioners on production of valid documents in support of their title and ownership of their property to the

¶61

satisfaction of the Land Acquisitioning Authority.

¶62

sd/-

¶63

VIJU ABRAHAM, JUDGE

¶64

¶65

W.P.(C).No.21958 of 2023 6

¶66

APPENDIX OF WP(C) 21958/2023

¶67

PETITIONERS' EXHIBITS

¶68

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 22.2.2017 ISSUED BY THE ERANHOLI VILLAGE OFFICE IN FAVOUR OF THE MOTHER OF 1ST PETITIONER KURUVEKANDY KOUSU AND OTHERS Exhibit P2 TRUE PHOTOGRAPHS SHOWING THE RECLAMATION DONE IN THE WET LAND IN SURVEY NO. 37/1B OF ERANHOLI VILLAGE BY THE RESPONDENTS 2 AND 4 Exhibit P3 TRUE COPY OF THE REPLY DATED 04/08/2023 ISSUED BY THE PUBLIC INFORMATION OFFICER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, THALASSERY Exhibit P4 TRUE COPY OF THE REPLY DATED 11/08/2023 ISSUED BY THE PUBLIC INFORMATION OFFICER, OFFICE OF THE 3RD RESPONDENT PANCHAYATH Exhibit P5 TRUE PHOTOGRAPHS OF THE WORK CARRIED OUT BY THE RESPONDENTS TAKEN ON 27/8/2023 Exhibit P6 TRUE PHOTOGRAPH OF THE WORK CARRIED OUT BY THE RESPONDENTS TAKEN ON 30/8/2023 Exhibit P7 TRUE PHOTOGRAPHS OF THE WORK CARRIED OUT BY THE RESPONDENTS TAKEN ON 1/9/2023 Exhibit P8 TRUE COPY OF THE RECEIPT DATED 5/9/2023 ISSUED FROM THE DHARMADOM POLICE STATION, KANNUR

¶69

RESPONDENTS' EXHIBITS

¶70

Exhibit R2(d) True copy of the minutes of the meeting held on 24.10.2022 of the Monitoring committee Exhibit R2(a) True copy of the letter No.A5-162/2023

¶71

W.P.(C).No.21958 of 2023 7

¶72

dated 03.02.2023 of the Executive Engineer, Small Scale Irrigation Wing, Kannur addressed to the District Collector, Kannur

¶73

Exhibit R2(b) True copy of the Order No. WRD02218/APR-6/2022 KIIFB dated 16.10.2022 of the Chief Executive Officer, KIIFB Exhibit R2(c) True copy of the consent deed executed by the owners of the land, holding 67 cents, whereby expressing their willingness to surrender, for the construction

¶74

PETITIONERS' EXHIBITS

¶75

Exhibit P9 True copy of the Marupattam deed No. 2706/1917 of Sub Registrar's Office, Kadirur dated 22.01.2013 Exhibit P10 True copy of the Assignment deed No. 980/2007 of Sub Registrar's Office, Kadirur dated 18.04.2007 Exhibit P11 True copy of the latest tax receipt dated 02/05/2023 Exhibit P12 True copy of the list of members of our Tharwad and who are opposing the project Exhibit P13 TRUE COPY OF THE LETTER DATED 15.1.2024 ISSUED BY THE DISTRICT COLLECTOR, KANNUR

Sreedharan v. Vs State of Kerala

Case brief

What is this about?

What did the court decide?

Sreedharan v. Vs State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Reghuvaran.P.a, Vs State of Kerala

Bini Denson, Vs State of Kerala

Nasar Vs State of Kerala

Saji George Vs State of Kerala

Sunny Abraham, Vs State of Kerala

Saleena Beevi Vs District Collector