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Sathya Thampuran Vs State of Kerala — Land Acquisition | Kerala HC (2025)

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Kerala HC
2025
Sathya Thampuran Vs State of KeralaSathya Thampuran v. State of Kerala

Disposed¶45

Sathya Thampuran v. State of Kerala

Writ jurisdiction – trespass/encroachment by local body

Kerala HC5 Mar 2025WP(C)/13902/2014

Case brief

AI extract

What is this about?

Kerala High Court, WP(C) No.13902 of 2014 (K), decided 20-07-2014 by V. Chitambaresh J. Petitioners: Sathya Thampuran, R.V.Raghunandan, Gangadevi Thampuran; Respondents: State of Kerala, District Collector Ernakulam, Corporation of Kochi. Disposition: disposed. Key points: no Land Acquisition Act 1894 proceedings/notification/award (conceded; Ext.P5 reiterates); about 20 cents of petitioner's land trespassed upon and used by Corporation to form a road; extent of encroachment unknown (no records); remedy directed to Civil Court - suit for recovery of possession or damages. Statute: Land Acquisition Act, 1894. Exhibit-referenced prior judgment: OP No.190/1995 dtd.9.6.1997 (referred).

What did the court decide?

Writ petition disposed of without writ relief; petitioner directed to Civil Court remedies (suit for recovery of possession or damages).

Why is it important?

No proceedings under the Land Acquisition Act, 1894 were ever initiated; neither was any notification issued nor was Award passed under the Act - conceded by the Government Pleader on instructions and reiterated by Ext.P5 of the 3rd respondent Corporation. ¶42

What the court decided

AI extract

Outcome

Writ petition disposed of without writ relief; petitioner directed to Civil Court remedies (suit for recovery of possession or damages).

Issue for consideration

Whether any proceedings under the Land Acquisition Act, 1894 - notification or award - were initiated in respect of the petitioners' land. +1 more

Court's answer

No proceedings under the Land Acquisition Act, 1894 were ever initiated; neither was any notification issued nor was Award passed under the Act - conceded by the Government Pleader on instructions and reiterated by Ext.P5 of the 3rd respondent Corporation.

Ratio / Principle

About 20 cents of land belonging to the petitioner was allegedly trespassed upon and was utilised by the 3rd respondent to form a road.

Key takeaways

The 3rd respondent Corporation states that no records are available in its office to discern the extent of the alleged encroachment.ratio¶43
The remedy, if any, of the petitioner is to move the Civil Court - the petitioner can either file a suit for recovery of possession or claim damages.ratio¶44

Detailed headnote1 paragraphs

Writ jurisdiction - trespass/encroachment by local body - remedy lies in Civil Court. (V. Chitambaresh J., 20-07-2014, WP(C) No.13902 of 2014-K): The Government Pleader conceded on instructions that no proceedings under the Land Acquisition Act, 1894 were ever initiated - neither notification issued nor Award passed; Ext.P5 of the Corporation of Kochi reiterates the position. About 20 cents of the petitioner's land was allegedly trespassed upon and utilised by the 3rd respondent Corporation to form a road; the Corporation states no records are available in its office to discern the extent of the alleged encroachment. Held: the remedy, if any, of the petitioner is to move the Civil Court - by a suit for recovery of possession or by claiming damages. Writ petition disposed of.

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

SUNDAY, THE 20TH DAY OF JULY 2014/29TH ASHADHA, 1936

WP(C).No. 13902 of 2014 (K)

PETITIONER(S):

SATHYA THAMPURAN, AGED 66 YEARS

W/O. C.J.RAJENDRA VARMA, LAKSHMITHOPPU PALACE

WEST THRIPPUNITHURA, ERNAKULAM.

R.V.RAGHUNANDAN

D 1004, TOWER 1 ADARSH PALM RETREAT, OUTER RING ROAD DEVARABISANAHHALLI, BANGALORE-560 103.

GANGADEVI THAMPURAN

POORNASREE, CHURAVALLIL ILLOM, KUMANNUR P.O.

KIDANGUR, KOTTAYAM.

BY ADVS.SRI.P.HARIDAS

SMT.S.SIKKY

RESPONDENT(S):

STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT

GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

DISTRICT COLLECTOR ERNAKULAM-682 030.

CORPORATION OF KOCHI KOCHI, ERNAKULAM, REPRESENTED BY ITS SECRETARY CORPORATION OF KOCHI, ERNAKULAM-682 018.

R3 BY ADV. SRI.RAAJESH S.SUBRAHMANIAN,SC,COCHIN CORPORATION R BY SRI. P.K. SOYUZ

R BY SR.GOVERNMENT PLEADER SRI.THOMAS JOHN AMBOOKEN

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13902 of 2014 (K)

APPENDIX

PETITIONER(S)' EXHIBITS

P1 : COPY OF THE THANDAPER ACCOUNT OF PROPERTY UNDER PARTITION DEED NO.608/1955 OF THRIPPUNITHURA SRO, OBTAINED BY PETITIONERS IN FEBRUARY 2014.

P2 : COPY OF THE COMMUNICATION ISSUED BY MUNICIPAL COMMISSIONER, ERNAKULAM, DTD.26.8.1959.

P3 : COPY OF THE REPRESENTATION DTD.5.2.1985.

P4 : COPY OF THE LETTER ADDRESSED TO CHAIRMAN OF THE WORKS STANDING COMMITTEE OF THE 3RD RESPONDENT DTD.25.1.1990.

P5 : COPY OF THE LETTER OF THE 2ND RESPONDENT TO THE RDO, FORT KOCHI, DTD.22.5.1990.

P6 : COPY OF THE SKETCH.

P7 : COPY OF THE COMMUNICATION OF RDO FORT KOCHI TO THE TAHSILDAR, DTD.21.6.1990.

P8 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP NO.190/1995 DTD.9.6.1997.

P9 : COPY OF COMMUNICATION SENT BY THE TOWN PLANNING OFFICER OF 3RD RESPONDENT IN THE MONTH OF MAY 1994.

RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.S. TO JUDGE.

V.CHITAMBARESH, J.

J U D G M E N T

The Government Pleader on instructions submits that no proceedings under the Land Acquisition Act, 1894 were ever initiated. Neither was any notification issued nor was Award passed under the Act concededly. Ext.P5 letter by the third respondent Corporation also reiterates the position.

The fact however remains that about 20 cents of land belonging to the petitioner was allegedly trespassed upon. The said land was utilised for the third respondent to form a road. The third respondent states that no records are available in the office to discern the extent of alleged encroachment.

The remedy if any of the petitioner is to move the Civil Court. The petitioner can either file a suit for recovery of possession or claim damages.

The Writ Petition is disposed of.

Sd/V.CHITAMBARESH, Judge.

nj.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether any proceedings under the Land Acquisition Act, 1894 - notification or award - were initiated in respect of the petitioners' land.¶42
The court held
No proceedings under the Land Acquisition Act, 1894 were ever initiated; neither was any notification issued nor was Award passed under the Act - conceded by the Government Pleader on instructions and reiterated by Ext.P5 of the 3rd respondent Corporation.ratio¶42
2.
What remedy is available to the petitioner in respect of about 20 cents of land allegedly trespassed upon and used by the 3rd respondent Corporation to form a road, where the extent of encroachment cannot be discerned for want of records.¶44
The court held
About 20 cents of land belonging to the petitioner was allegedly trespassed upon and was utilised by the 3rd respondent to form a road.ratio¶43

Cases cited

Colour shows how this judgement treated each authority

AI extract

OP NO.190/1995 DTD.9.6.1997Referred¶35

Statutes considered

1 provisions across 1 enactments

AI extract

Land Acquisition Act, 1894Land Acquisition Act, 1894¶42

Procedural history

How this case reached the court

AI extract

Prior proceeding
No proceedings under the Land Acquisition Act, 1894 were ever initiated; neither notification issued nor Award passed (stated on instructions by the Government Pleader; Ext.P5 letter of the 3rd respondent Corporation reiterates the position).¶42
Prior proceeding
Petitioners rely on a prior judgment of this Court in O.P. No.190/1995 dated 9.6.1997, filed as Ext.P8.¶35

Parties & counsel

AI extract

petitioner
SATHYA THAMPURAN¶7
P.HARIDAS, S.SIKKY
petitioner
R.V.RAGHUNANDAN¶10
P.HARIDAS, S.SIKKY
petitioner
GANGADEVI THAMPURAN¶12
P.HARIDAS, S.SIKKY
respondent
STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT¶18
P.K. SOYUZ, THOMAS JOHN AMBOOKEN
respondent
DISTRICT COLLECTOR, ERNAKULAM¶20
THOMAS JOHN AMBOOKEN
respondent
CORPORATION OF KOCHI (REPRESENTED BY ITS SECRETARY)¶21
RAAJESH S.SUBRAHMANIAN

Coram

AI extract

V.CHITAMBARESHauthor¶3

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 5 Mar 2025 · March
Registered: 2 Jun 2014
Case no.: WP(C)/13902/2014
CNR: KLHC010595242014
Topic: Land Acquisition
Bench: P.m.mano
Disposal: DISPOSED OF
Case type: WP(C)

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Cite this judgement

Sathya Thampuran v. State of Kerala, WP(C)/13902/2014 (KL), decided on 5 March 2025.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

OP NO.190/1995 DTD.9.6.1997Referred¶35

Open Authorities

Statutes1

Land Acquisition Act, 1894Land Acquisition Act, 1894

View all statutes

Procedural history2

No proceedings under the Land Acquisition Act, 1894 were ever initiated; neither notification issued nor Award passed (stated on instructions by the Government Pleader; Ext.P5 letter of the 3rd respondent Corporation reiterates the position).
Petitioners rely on a prior judgment of this Court in O.P. No.190/1995 dated 9.6.1997, filed as Ext.P8.

View full history

Bench / Coram

V.CHITAMBARESH

Parties & counsel