IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 13756 of 2009(L) -------------------------------------- PETITIONER: ------------------- P.E.MATHEW, S/O.LATE ESTHAPANOSE, AGED 82 YEARS, PADAPURACKAL HOUSE, CHERANELLORE P.O., KANAYANNUR TALUK. BY ADVS. MR.M.P.RAMNATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, ERNAKULAM DIST. 3. THE SPECIAL TAHSILDAR (LA) OFFICE OF THE SPECIAL TAHSILDAR (LA), ICTT VALLARPADOM, ELOOR. 4. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. *ADDL. R5 IMPLEADED: *ADDL.R5. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, COCHIN, REP. BY THE PROJECT DIRECTOR, 29/1298 A, MANGALYA VALIYA MADOM, VYTTILLA, KOCHI – 682 019. *IS IMPLEADED VIDE ORDER DATED 26/05/09 IN I.A. 6031/09. R1 TO R4 BY GOVERNMENT PLEADER SMT. K.R. DEEPA *ADDL.R5 BY ADV. MR.THOMAS ANTONY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13756/2009-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFIED COPY FROM THE HONOURABLE SUB COURT, ERNAKULAM IN O.S. 432/1980 OF THE ASSIGNMENT ON REGISTRY IN APPENDIX I (UNDER RULE 9 (1) IN FILE B6-LA 1545/1969 OF THE R.4. DTD. 30/03/1974. EXT.P.2: COPY OF THE CERTIFIED COPY OBTAINED FROM THE HONOURABLE SUB COURT, ERNAKULAM IN O.S. 432/1980 OF THE TAX RECEIPT NO. 21 FOR RS.73.82 DTD. 23/04/1974 ISSUED BY THE R.5. IN B6-LA 1545/69. EXT.P.3: COPY OF THE CERTIFIED COPY OF THE JUDGMENT DTD. 10/10/1984 IN O.P. 431/1984 OF THIS HONOURABLE COURT. EXT.P.4: COPY OF THE PATTA ISSUED BY THE R.4. BEARING NO. PP74 IN FILE NO. B6 LA 1545/1969 DTD. 18/02/1984. EXT.P.5: COPY OF THE CERTIFIED COPY OBTAINED FROM THE HONOURABLE MUNSIFF'S COURT, ERNAKULAM, IN O.S. 1586/1988 OF THE SKETCH DTD. 22/08/1987 ISSUED BY THE R.4. IN PURSUANCE OF THE EXHIBIT P3 JUDGMENT OF THIS HONOURABLE COURT. EXT.P.6: COPY OF THE CERTIFIED COPY OBTAINED FROM O.S. 1586/1988 OF HON'BLE MUNSIFF COURT, ERNAKULAM OF TAX RECEIPT NO. 92 IN BOOK NO. 390 UNDER THANDAPER NO. PP74 DTD. 05/02/1988 WITH FILE NO. B6 LA 1545/69 IN THE NAME OF PAILY, S/O. ESTHAPPANOS. EXT.P.7: COPY OF THE COMMON JUDGMENT DTD. 13/08/1986 IN S.A. 856 AND 910 OF 1984 OF THIS HON'BLE COURT. EXT.P.8: COPY OF THE JUDGMENT DT. 17/11/1989 IN O.S. 1586/1988 OF THE HON'BLE FIRST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM. EXT.P.9: COPY OF THE JUDGMENT DTD. 28/03/1992 IN A.S. 136/1991 OF THE HON'BLE 3RD ADDL. SUB COURT, ERNAKULAM. EXT.P.10: COPY OF THE JUDGMENT DTD. 30/06/1992 IN CMA 115/1992 OF THIS HON'BLE COURT. EXT.P.11: COPY OF THE CERTIFIED EXTRACT OF DEPOSITION OF THE R.4.-TAHSILDAR IN O.S. 432/1980 HON'BLE SUB COURT, ERNAKULAM. EXT.P.12: COPY OF THE PRELIMINARY DECREE DTD. 29/03/2003 IN O.S. 432/1980 SUB COURT, ERNAKULAM. EXT.P.13: COPY OF THE PRELIMINARY DECREE DTD. 29/03/2003 IN O.S. 411/1986 SUB COURT ERNAKULAM. EXT.P.14: COPY OF THE RESURVEY SKETCH OF FIELD NO. 126 OF CHERANELLORE VILLAGE. EXT.P.15: COPY OF THE LAWYER NOTICE DTD. 10/08/2007 SENT BY REGISTERED POST TO THE RESPONDENTS 2, 3 AND 5 WITH THE POSTAL REGISTRATION RECEIPTS APPENDED THERETO. W.P.(C). NO.13756/2009-L: EXT.P.16: COPY OF THE REPLY DTD. 25/09/2008 FROM PETITIONER TO R.3. WITH POSTAL REGISTRATION RECEIPT APPENDED THERETO. EXT.P.17: COPY OF THE INTERIM ORDER DTD. 17/02/2009 OF THIS HON'BLE COURT IN W.P.(C).NO.5323/2009. EXT.P.18: COPY OF THE NOTIFICATION PUBLISHED UNDER S4 (1) OF THE LAND ACQUISITION ACT 1894 IN THE MAHRUBHUMI DAILY DT. 17/02/2009. EXT.P.19: COPY OF THE JUDGMENT DTD. 03/03/2009 IN W.P.(C).NO.5232/2009 OF THIS HON'BLE COURT. EXT.P.20: COPY OF THE WRITTEN SUBMISSIONS DTD. 11/03/2009 ALONG WITH THE VAKKALATH FILED BY THE PETITIONER BEFORE THE R.3. ON 12/03/2009. EXT.P.21: COPY OF THE ORDER DTD. 21/04/2009 IN PROCEEDING E3-318/2009 OF THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13756 OF 2009 ------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT 1.The petitioner claims title to an item of property, in relation to which, a notification under Section 4(1) of the Land Acquisition Act has been issued and proceedings are going on for the emergent purpose of acquisition of land in relation to Vallarpadam project. While the petitioner asserts that on the strength of different documents which have been approved by different civil courts and also by this Court in different proceedings, he is entitled to co-ownership title to the property and that the Government cannot have any claim over that property except by acquisition, the Land Acquisition authorities take the stand that the petitioner has not been able to produce authentic documents, to satisfy the Land Acquisition Tahsildar exercising the powers of the District Collector, regarding the title claimed by him. While the petitioner has produced before this Court a bunch of materials along with this writ petition, learned senior Government WPC.13756/09 Page numbers Pleader appearing on behalf of the respondents stated that many of those materials were not placed before the Tahsildar. It is stated that on account of the disclosure in the proceedings that the petitioner has not been able to justify his claim of title to the property and because the Government are of the view that the land in question is part of river puramboke (Government land), the authorities have proceeded to de-notify the property from acquisition on the premise that the land, since it belongs to the Government, does not require to be acquired for the purpose. This, obviously, shows that there is clear conflict of claim between the Government on the one hand and the petitioner on the other. The principle is that patta, whether evidences title or not, is not a matter on which the authorities under the LA act should conclude at this point of time. That will only result in miscarriage of justice. 2.For the foregoing reasons, it is ordered that the Tahsildar (Collector) will determine the value of the land in question provisionally as if it is a land liable to be acquired and not land belonging to the Government, but would be justified in WPC.13756/09 Page numbers rejecting the claim of the petitioner for compensation on the ground that according to the Government, the land belongs to it. On such a situation, there would be a clear dispute of title between the Government and the petitioner. It could be settled by the competent reference court in terms of Section 30 of the LA Act. Accordingly, it is directed that the Tahsildar (Collector) shall pass award in the light of what is stated above, deposit the amount in the competent court and make a reference regarding the dispute as to the title for adjudication as to apportionment in terms of the LA Act. The writ petition is ordered accordingly. 3.This judgment is issued as above under the extraordinary circumstance to ensure that the acquisition of land in relation to the Vallarpadam project need not be tied down in view of this litigation. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.29/5.