Disposed

Ranni Pazhavangadi Grama Panchayath v. State of Kerala

Kerala HC18 Mar 2024WP(C)/23474/2022

Case brief

AI extract

What is this about?

The Court held that the dispute between local authorities and the Government to determine deposit responsibility in acquisition proceedings must be resolved by a Committee. The Petitioner Panchayat was directed to refer the matter for decision within 3 months.

What did the court decide?

Petitioner Panchayat directed to refer matter to Committee constituted under Ext.P13 to decide within 3 months.

Ranni Pazhavangadi Grama Panchayath Vs State of Kerala — Property and Title | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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MONDAY, THE 18^TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945

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WP(C) NO. 23474 OF 2022

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PETITIONER:

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RANNI PAZHAVANGADI GRAMA PANCHAYATH "PANCHAYATH KARYALAYAM", PAZHAVANGADI PO, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN 689673 REPRESENTED BY ITS SECRETARY.

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BY ADVS. M.T.SURESHKUMAR R.RENJITH SMITHA PHILIPOSE P.R.JAYASANKAR DARSAN SOMANATH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA PO, PATHANAMTHITTA DISTRICT PIN - 689645

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3 THE SPECIAL TAHASILDAR, L A (GENERAL), OFFICE OF THE SPECIAL TAHASILDAR LA (GENERAL), PATHANAMTHITTA DISTRICT PIN- 689645

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4 PUBLIC WORKS DEPARTMENT, REPRESENTED BY ITS SECREATARY, PUBLIC OFFICE COMPLEX, MUSEUM P.O THIRUVANANTHAPURAM, PIN - 695033.

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5 THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695023, REPRESENTED BY ITS MANAGING DIRECTOR.

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6 ADDL.R6:JOJI JOSEPH , S/O JOSEPH @ KANNANTHANATHU PAPPACHER, KANNANTHANATHU HOUSE, PAZHAVANGADI MURI, RANNI TALUK, PATHANAMTHITTA

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W.P.(C).Nos.23474 & 40474 of 2022 2

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DISTRICT- 689673

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7 ADDL.R7: ABY JOSEPH, S/O JOSEPH @ KANNANTHANATHU PAPPACHER, KANNANTHANATHU HOUSE, PAZHAVANGADI MURI, RANNI TALUK, PATHANAMTHITTA DISTRICT - 689673 NOW RESIDING AT # 138, JAL VAYU VIHAR, KAMMANAHALLI P.O., BENGALURU- 560043

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8 ADDL.R8: REKHA PETER , D/O LATE K.O. PETER, KANNANTHANATHU HOUSE, BENEDICT NAGAR, NALANCHIRA, THIRUVANANTHAPURAM695015 (ADDL.R6 TO R8 IMPLEADED AS PER ORDER DATED 22-02-2023 IN IA 1/2023)

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BY ADVS. JACOB P.ALEX JOSEPH P.ALEX MANU SANKAR P. AMAL AMIR ALI

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SPECIAL GOVERNMENT PLEADER T.B.HOOD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, ALONG WITH WP(C).40474/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos.23474 & 40474 of 2022 3

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 18^TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945

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WP(C) NO. 40474 OF 2022

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PETITIONERS:

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1 JOHN ABRAHAM, AGED 59 YEARS S/O. KJ ABRAHAM, KOONAMANKAL HOUSE, PAZHAVANGADI PO, RANNI, PATHANAMTHITTA PIN 689673.

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2 BIJI VERGHESE, AGED 47 YEARS, W/O. VARGHESE K THOMAS, KOITHODATHU, VALIYAKAVU, RANNI, PATHANAMTHITTA DISTRICT PIN 689675.

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BY ADVS. M.T.SURESHKUMAR R.RENJITH P.R.JAYASANKAR DARSAN SOMANATH MANJUSHA K SREELAKSHMI SABU

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.PIN -695001.

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2 DIRECTOR OF PANCHAYAT, PUBLIC OFFICE BUILDING, LMS VELLAYAMBALAM ROAD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, KERALA 695033.

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SPECIAL GOVERNMENT PLEADER T.B.HOOD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, ALONG WITH WP(C).23474/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos.23474 & 40474 of 2022 4

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VIJU ABRAHAM,J

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W.P.(C).Nos.23474 & 40474 of 2022

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Dated this the 18^th day of March, 2024

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JUDGMENT

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The issue is as to whether it is the Panchayat

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or the Government that is bound to make deposit towards the award amount due in an acquisition proceedings. Since this is an issue between the local authority and the Government, I am of the view that the same should be resolved by the

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Committee constituted in this regard.

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The learned Special Government Pleader

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submits that Ext.P13 is the Government Order whereby a committee has been constituted to resolve the inter departmental disputes as well as the disputes with PSUs/Corporation/Local Self

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Government Institutions/Autonomous bodies etc.

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In view of the fact that a committee has

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been constituted for the specific purpose of resolving the disputes between the local authority and the Government, as per Ext.P13, I am of the

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W.P.(C).Nos.23474 & 40474 of 2022 5

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opinion that the matter need to be considered by the said committee and the disputes is amicably resolved.

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Petitioner in WP(C) No.23474 of 2022 shall make necessary request before the Secretary to the Local Self Government Department for referring the matter to the committee constituted as per Ext. P13, and the committee shall after hearing the petitioner Panchayath take a decision at the earliest, at any rate, within a period of 3 months from the date of receipt of a copy of the

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judgment. Contentions of parties on both sides is left open.

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Sd/-

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VIJU ABRAHAM, JUDGE

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W.P.(C).Nos.23474 & 40474 of 2022 6

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APPENDIX OF WP(C) 40474/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER VIDE NO. 1746/10/LSGD DATED 20/11/2010. Exhibit P2 TRUE COPY OF THE COMMON JUDGEMENT DATED 30/8/2014 IN LAR NO. 70 OF 2011, LAR NO. 72/2011, LAR NO. 74 OF 2011 ON THE FILE OF THE SUB COURT, PATHANAMTHITTA Exhibit P3 TRUE COPY OF THE COMMON JUDGEMENT DATED 20/12/2014 IN LAR NO. 71 OF 2011 AND LAR NO. 86 OF 2011. Exhibit P4 TRUE COPY OF THE PROCLAMATION OF SALE DATED 2/7/2022. Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DATED 18/3/2022. Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR DATED 12-3-2022. Exhibit P7 TRUE COPY OF THE LAR NO. 72/2011 THE SPECIAL TAHASILDAR DATED 9-8-2017 Exhibit P8 TRUE COPY OF THE COMMUNICATION BY THE DISTRICT COLLECTOR DATED 8-3-2022. Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 28/12/2015 SUBMITTED TO THE PRINCIPLE SECRETARY LSGD THROUGH THE DIRECTOR OF THE PANCHAYATH. Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 11/4/2016 SUBMITTED BEFORE THE ADDITIONAL SECRETARY, PUBLIC WORK DEPARTMENT. Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 30122021 SUBMITTED BEFORE THE PRINCIPAL SECRETARY, LSGD Exhibit P12 TRUE COPY OF THE MINUTES OF THE MEETING DATED 22/9/2022 PREPARED ON 25/9/2022 BY THE DIRECTOR OF PANCHAYAT. Exhibit P13 -TRUE COPY OF THE GOVERNMENT ORDER IN THIS

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W.P.(C).Nos.23474 & 40474 of 2022 7

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REGARD VIDE G.O. (MS) NO. 21/2021/P&ARD DATED 15-9-2021.

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W.P.(C).Nos.23474 & 40474 of 2022 8

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APPENDIX OF WP(C) 23474/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER (ORDINARY) NO. 1746/10/PWD DATED 20/11/2010. Exhibit P2 TRUE COPY OF THE COMMON JUDGEMENT DATED 30/8/2014 IN LAR NO. 70 OF 2011, LAR NO. 72/2011, LAR NO. 74 OF 2011 ON THE FILE OF THE SUB COURT, PATHANAMTHITTA. Exhibit P3 TRUE COPY OF THE COMMON JUDGEMENT DATED 20/12/2014 IN LAR NO. 71 OF 2011 AND LAR NO. 86 OF 2011 ON THE FILE OF THE SUB COURT, PATHANAMTHITTA. Exhibit P4 TRUE COPY OF THE PROCLAMATION OF SALE DATED 2/7/2022 IN LAR NO. 72/2011 OF SUB COURT PATHANAMTHITTA. Exhibit P5 TRUE COPY OF THE PROCEEDINGS NO. K2-LAR70/11 OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DATED 18/3/2022. Exhibit P6 TRUE COPY OF THE COMMUNICATION NO. K2-LAR70/11 DATED 30/5/2022 BY THE OFFICE OF THE 2ND RESPONDENT. Exhibit P7 TRUE COPY OF THE COMMUNICATION NO. LAR71/11/K2 DATED 26/2/2022 BY THE OFFICE OF THE 2ND RESPONDENT. Exhibit P8 TRUE THE PROCEEDINGS NO. K2-LAR-71/11 OF THE 2ND RESPONDENT DATED 12/3/2022. Exhibit P9 TRUE COPY OF THE COMMUNICATION NO. LAR72/11/CJ DATED 9.8.2017 BY THE 3RD RESPONDENT. Exhibit P10 TRUE COPY OF THE JUDGEMENT IN OP(C) NO. 2135 OF 2021 DATED 30.3.2022 OF THE HON'BLE HIGH COURT OF KERALA. Exhibit P11 TRUE COPY OF THE COMMUNICATION NO. K2-LAR73/11 DATED 22/2/2022 ISSUED BY THE OF THE 2ND RESPONDENT. Exhibit P12 TRUE COPY OF THE PROCEEDINGS NO.K2 -LAR-

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W.P.(C).Nos.23474 & 40474 of 2022 9

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74/11 OF THE 2ND RESPONDENT DATED 8/3/2022

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Exhibit P13 TRUE COPY OF THE COMMUNICATION NO. LAR86/2011/C DATED 19/10/2020 ISSUED BY THE 3RD RESPONDENT.

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Exhibit P14 TRUE COPY OF THE APPLICATION NO. C1-1/15 DATED 28.12.2015 SUBMITTED BY THE PETITIONER THROUGH THE DIRECTOR OF PANCHAYATH TO THE 1ST RESPONDENT.

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Exhibit P15 TRUE COPY OF THE APPLICATION NO. C15772/2015 DATED 11.4.2016 SUBMITTED BEFORE THE 4TH RESPONDENT.

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Exhibit P16 TRUE COPY OF THE REPRESENTATION NO. C5/7764-2021 DATED 30/12/2021 BEFORE THE 1ST RESPONDENT.

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RESPONDENT EXHIBITS

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Exhibit R6(b) True copy of the order dated 22-06-2022 in EP No. 3/2014 in LAR 73/2011 of the SubCourt, Pathanamthitta Exhibit R6(a) by R1 in E.P.37/2016 in L.A.R.72/2011 of the Sub Court, Pathanamthitta Annexure R1(a) True copy of the G.O.(Rt) No. 223/2001/LSGD dated 20.01.2001 Annexure R1(b) True copy of the G.O. (Rt) No.3598/2008/LSGD dated 07.10.2008 Annexure R1(c) True copy of the relevant pages of G.O. (Rt) No. 1184/2009/PWD dated 14.08.2009 Annexure R1(d) True copy of the G.O. (Rt) No. 1550/2013/PWD dated 27.11.2013 Exhibit R2(a) True copy of the form of requisition submitted by the Special Grade Secretary of Ranni Pazhavangadi Panchayat

Ranni Pazhavangadi Grama Panchayath v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ranni Pazhavangadi Grama Panchayath v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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