IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 21513 of 2007(J) ---------------------------------------- PETITIONER(S): ------------------------ SMT. VILASINI, W/O. LATE VASUDEVAN, KURUPPASSERIL, PANAVALLY P.O., CHERTHALA. BY ADVS. SRI.N.RETHEESH, SMT.SUMA RATHEESH. RESPONDENT(S): --------------------------- 1. THE SPECIAL TAHSILDAR(LAND ACQUISITION), GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA, KOCHI-20. 2. THE TAHSILDAR, KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. THE GOSHRI ISLAND DEVELOPMENT AUTHORITY, OPP. RAJENDRA MAIDAN, ERNAKULAM, REPRESENTED BY ITS SECRETARY. 5. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LAND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 & R5 BY GOVERNMENT PLEADER SRI. K.RAMESH R4 BY ADV. SRI.VARGHESE K.PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21513/2007 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN ORIGINAL SUIT NO.240/03 DTD. 9/04/02 FILED BY THE PETITIONER & OTHERS BEFORE THE SUB COURT, ERNAKULAM. P2: COPY OF THE NOTICE DTD. 29/10/02 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P3: COPY OF THE JUDGMENT DTD. 13/12/02 IN O.P.NO.35134/02 OF THIS HONOURABLE COURT. P4: COPY OF THE DECREE DTD. 20/06/03 IN O.S.NO.240/02 OF THE SUB COURT, ERNAKULAM. P5: COPY OF THE NOTICE DTD. 17/09/03 ISSUED BY THE PETITIONER TO RESPONDENTS 1, 3 & 4. P6: COPY OF THE I.A.NO.24/04 IN A.S.NO.4/04 FILED BY THE RESPONDENTS BEFORE THE DISTRICT COURT, ERNAKULAM. P7: COPY OF THE DECREE DTD. 28/11/2006 IN O.S.NO.240/02 OF THE SUB COURT, ERNAKULAM. P8: COPY OF THE REPRESENTATION DTD. 17/05/2007 SUBMITTED BY THE PETITIONER TO RESPONDENTS 1, 3 & 4. P9: N I L . P10: COPY OF THE VALUATION REPORT DTD. 1/11/2001 SUBMITTED BY THE 4TH RESPONDENT. P11: COPY OF THE REPRESENTATION DTD. 9/08/2010 SUBMITTED TO RESPONDENTS 1, 3 & 4. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 21513 OF 2007 -------------------------------------------- Dated this the 23rd day of May, 2011 JUDGMENT This Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondents to dispose of Ext.P8 representation in the light of Ext.P7 decree. According to the petitioner, the property belonging to the petitioner and her children comprised in Sy.Nos.845/1 and 373/1 of Mulavukad village was also included among the properties for acquisition for the Goshri Island Development Project of the fourth respondent. The contention is that the petitioner was the absolute owner in possession of 3.5 cents of property comprised in the said survey numbers and therefore, entitled to compensation in respect of the said extent on account of its acquisition. Per contra, contention of the respondents is that the petitioner is the owner only of 0.5 cents in Sy.No.373/1 of Mulavukad village as per sale deed No.4340/1983 of Ernakulam sub-registry. The said dispute with respect to the title over the rest of the property in question led to the institution of O.S.No.240/2002 before Sub Court, Ernakulam, for declaration of title over the property in W.P.(C) NO.21513/2007 2 question. It was decreed as per Ext.P7 declaring that the petitioner is the absolute owner in possession of 3.5 cents of land comprised in Sy.Nos. 845/1 and 373/1 of Mulavukad village. Even after declaration of the title over the property, the respondents did not take any step to disburse compensation to the petitioner and the other legal heirs of late Sri.Vasudevan. The petitioner has submitted Ext.P8 representation dated 17.5.2007 before respondents 1, 3 and 4. It is alleging inaction on the part of the respondents in taking decision on Ext.P8 in the light of Ext.P7 decree that this Writ Petition has been filed. 2. The second respondent has filed a counter affidavit in this Writ Petition. It is specifically stated therein that the petitioner is having title and possession only over 0.5 cents in Sy.No.373/1 of Mulavukad village and the contention regarding the ownership and possession of the petitioner over the balance extent of property has been refuted by the respondents. It is the further contended that 3 cents of land comprised in Sy.No.845/1 is actually lying as river purampokku and that Sri.K.K.Vasudevan, the late husband of the petitioner had illegally encroached the river purampokku and constructed a R.C.C roofed residential building. Later, the first respondent has issued a notice under W.P.(C) NO.21513/2007 3 Section 9(3) of the Land Acquisition Act to the petitioner. On account of the failure of the petitioner to comply with the notice issued under Section 11(3) of Kerala Land Conservancy Act, the second respondent has initiated to evict the petitioner from the said property. In that context, it is further stated in the counter affidavit that this Court, as per judgment dated 13.1.1997, in O.P.No.16077/1996 had directed the revenue authorities to summarily evict all the encroachers of river purampokku in the district. In the counter affidavit, it is also specifically stated that as against the judgment and decree in O.S.No.240/2002, the Government have preferred an appeal as A.S.171/2007 before the District Court, Ernakulam. When this matter is taken up for consideration today, the learned standing counsel appearing for the fourth respondent submitted that A.S.No.171/2007 was allowed in part modifying the declaration in Ext.P7 decree to the effect that respondents/plaintiffs are in possession of only 0.5 cents of property in Sy.No.373/1 in Mulavukad village. A copy of the said judgment was also made available for perusal. There is no case for the petitioner that the judgment and decree in A.S.No.171/2007 was either stayed or reversed in appeal. In the circumstances, the petitioner cannot content any more that she along with other legal heirs of late W.P.(C) NO.21513/2007 4 Sri.K.K.Vasudevan are the owners in absolute possession of 3 cents of property comprised in Sy.No.845/1 of Mulavukad village in terms of Ext.P1 decree in A.S.171/2007. In view of the said position, I am of the view that the petitioner is not entitled for the reliefs sought for in this Writ Petition. However, it will be open to the petitioner to pursue the remedies for getting compensation for 0.5 cents of property comprised in Sy.No.373/1 of Mulavukad village that was acquired for Goshri Island Development Project. This Writ Petition is disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.21513/2007 5 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.21513/2007 6