IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 24847 of 2008(G) -------------------------- PETITIONER: ------------ POOTHALATH JATHEENDRANATH, S/O MANNAN, AGED 48 YEARS, MUTHURATT HOUSE, ERUVATTY AMSOM, PANUNDA DESOM, P.O. KATHRIRUR, THALASSERY TALUK,KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: ------------- 1. THE CHIEF ENGINEER, K.S.T.P. MANAGEMENT TEAM, T.C. 47/1795, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, K.S.T.P.,PAYYAMBALAM, KANNUR. 3. AISHA BAI, THE EXECUTIVE ENGINEER, K.S.T.P., PYYAMBALM, KANNUR. 4. THE SPECIAL TAHSILDAR (LA), N.H. THALASSERY. 5. THE VILLAGE OFFICER, KATHIRUR, KANNUR DISTRICT. BY G.P. SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ W.P.(C)No.24847 of 2008 ------------------------ Dated this the 29th day of of August, 2008 JUDGMENT The grievance voiced by the petitioner is that though he is ready to have his properties extending to 82 square meters in R.S. No.28/8 and 9 square metres in R.S. No.28/7 of Kathirur village sold to the Government under the direct purchase scheme for the purpose of the Thalassery Valluppara Road leading to Coorg, on technical reasons the respondents are not prepared to take the sale deed from him. He allege that it is on oblique motives that the 3rd respondent is expressing diffidence in the matter of taking sale deed from him. 2. The learned Government Pleader Sri.Benny Varghese on the basis of the instructions imparted to him over telephone submits that there is no mala fides in the matter and that the diffidence of the concerned respondent is only because the petitioner has title only in respect of 82 square metres of land in Sy.No.28/8. But on verification in the site, it is revealed that 9 WPC.No.24847/2008 2 square metres which is also proposed to be acquired from the possession of the petitioner is comprised in Sy.No.28/7. Since the petitioner does not have title over that portion of the property proposed to be acquired, he was directed to get a correction deed to be executed in his favour by his vendor so that he will be able to convey clear and marketable title to the Government in respect of the entire 91 ( 82 + 9) square meters. 3. Sri. C.P.Peethambaran, the learned counsel for the petitioner submits that respondents can be directed to pay compensation due for the extent of 82 square metres of land in Sy.No.28/8 and to deposit the proportionate compensation due for the property in Sy. No.28/7 in the court. The Government Pleader opposes and in my opinion on a good ground, that in negotiated purchase cases there cannot be any question of making deposit in the court. A sale deed has to be executed and that has to be in respect of the property over which the vendor the petitioner is having clear and marketable title. 4. Having considered the submissions addressed at the bar, I am of the view that the controversy can be resolved and the writ petition itself can be disposed of issuing the following WPC.No.24847/2008 3 directions; i). The petitioner is directed to execute a sale deed showing consideration at the direct purchase rate in favour of the Government of Kerala represented by the 2nd respondent Executive Engineer purporting to convey his title over the entire extent of 82 + 9 square metres in Sy No.28/8 & 28/7 reciting that he is having title over the entire extent and that it is because of a mistake in his title deed that the survey number is mentioned as 28/8 alone and that a deed of correction will be got executed by his vendor and produced before the Government. ii). Proportionate price in respect of the property in Sy. No.28/7 should be reserved with the vendee - Government to be paid to the vendor only at the time when the vendor produces deed of correction as recited in the document. iii). The second respondent is directed to take such a sale deed and pay proportionate compensation for 82 square metres in Survey No.28/8 once the sale deed is executed. iv). In order to facilitate the petitioner to have a correction deed in his favour, the second respondent, will after making WPC.No.24847/2008 4 requisites endorsements on the original title document, return the original title document to the petitioner. Once correction deed is also produced, the reserved portion of the consideration will be released to the petitioner. (PIUS.C.KURIAKOSE,JUDGE) dpk