V.Sampoornam Ammal v. The Special Tahsildar (La)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 --------------------------------------- PETITIONER:

-------------------------- *1.

V.SAMPOORNAM AMMAL, AGED 73 YEARS, W/O.G.S.RADHAKRISHNAN, NOW RESIDING AT FLAT NO.9 1ST FLOOR, CAPITAL SAFFRON, WEST NADA GURUVAYOOR. (DECEASED) ** ADDL. PETITIONERS 2 TO 4 2.

G.S.RADHAKRISHNAN S/O.LATE SANKARANARAYANAN, AGED 75 YEARS RETIRED CLERK, APARTMENT NO.9 & 10, 1ST FLOOR CAPITAL SAFFRON, WEST NADA, GURUVAYOOR PIN 680 101.

3.

R.MEENAKSHI D/O.G.S.RADHAKRISHNAN & LATE V.SAMPOORNAM AMMAL AGED 44 YEARS, HOUSEWIFE, W/O.R.KRISHNAN ASWATHI, PRA 31, EAST PALLIPARAMBUKAVU TRIPUNITHURA, PIN 682 301.

4.

R.USHA D/O.G.S.RADHAKRISHNA IYER & LATE V.SAMPOORNAM AMMAL AGED 39 YEARS, HOUSEWIFE, W/O.N.R.GOPAL 1ST FLOOR 'C', SURYA APARTMENTS, SANSKRIT COLLEGE ROAD TRIPUNITHURA, PIN -682 301.

** ARE THE LEGAL HEIRS OF THE DECEASED 1ST PETITIONER AND ARE IMPLEADED AS ADDL. PETITIONERS 2 TO 4 AS PER ORDER DATED 11.06.2013 IN IA NO. 5163/2013.

BY ADVS.SRI.M.P.RAMNATH SRI.P.RAJESH (KOTTAKKAL) RESPONDENT:

---------------------------- THE SPECIAL TAHSILDAR (LA), GURUVAYOOR DEWASWOM, GURUVAYOOR.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER'S EXHIBITS:- EXT. P1:

THE TRUE PHOTOSTAT COPY OF THE SURVEY SKETCH OF FIELD NO. 111 OF GURUVAYOOR VILLAGE SPECIFICALLY HIGHLIGHTING SUB DIVISION NO. 9 OF THE PETITIONER WHICH WAS ACQUIRED AND HANDED OVER TO THE DEVASWOM BY THE RESPONDENT - SURVEY NO. 111/9-0.0331 HECTORS EXT. P2:

THE TRUE PHOTOSTAT COPY OF FORM NO. 93 IN AWARD NO. 2/2008 IN LAC NO. 23/2008 SPECIFICALLY SHOWING THE SURVEY NO. 111/9 AND THE EXTENT AS 0.0331 ISSUED BY THE DISTRICT SURVEY SUPDT THRISSUR EXT. P3:

THE TRUE PHOTOSTAT COPY OF THE CHARGE LIST IN RESPECT OF THE PETITIONER'S PROPERTY IN LAC NO. 23/2008 DATED 24.10.2008 ISSUED WHEN THE PROPERTY WAS HANDED OVER TO THE RESPONDENT EXT. P4:

THE TRUE PHOTOSTAT COPY OF THE MAHAZAR PREPARED BY THE RESPONDENT ON 24.10.2008 IN LAC NO. 23/2008 WHEN THE PETITIONER'S PROPERTY WAS TAKEN POSSESSION EXT. P5:

THE TRUE PHOTOSTAT COPY OF THE NOTIFICATION IN FORM NO. 9(b) AS PER SECTION 9(3) OF THE LAND ACQUISITION ACT, 1894 ISSUED IN RESPECT OF THE SAID ACQUISITION INCULSIVE OF THE PROPERTY OF THE PETITIONER IN SURVEY NO. 111/9 - 0.0331 HECTORS EXT. P6:

THE RELEVANT PORTION OF THE AWARD IN LAC NO. 23/2008 IN RESPECT OF THE PETITIONER'S PROPERTY IN SURVEY NO. 111/90.0331 HECTORS EXT. P7:

THE TRUE PHOTOSTAT COPY OF THE REPRESENTATION/ REQUESTED DATED 18.07.2010 GIVEN BY THE PETITIONER TO THE RESPONDENT EXT. P8:

THE TRUE PHOTOSTAT COPY OF THE REPLY DATED 28.07.2010 ISSUED BY THE RESPONDENT TO THE PETITONER BEARING NO. B310/2005 EXT. P9:

THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO. 216/1981 SRO KOTTAPADY EXECUTED BY NARAYANI IN FAVOUR OF PETITIONER EXT. P10:

THE TRUE PHOTOSTAT COPY OF SALE DEED NO. 222/1981 SRO. KOTTAPADY EXECUTED BY DORAISWAMY IN FAVOUR OF PETITIONER

EXT. P11:

THE TRUE PHOTOSTAT COPY OF THE DETAILED APPLICATION DATED 7.9.2010 MADY BY THE PETITIONER TO THE RESPONDENT SEEKING RELEASE OF THE WITHHELD COMPENSATION AMOUNT OF RS. 1,09,824.72/- TO HER WITH THE POSTAL REGISTERED RECEIPT (8.9.2010) APPENDED THERETO EXT. P12:

THE TRUE PHOTOCOPY OF THE LETTER DATED 12.10.2010 BEARING NO. B310/2005 ISSUED BY THE RESPONDENT TO THE PETITIONER RESPONDENT'S EXHIBITS:- NIL /TRUE COPY/ P.A TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 31291 OF 2010 ---------------------------------------- Dated this the 28th day of May, 2015

JUDGMENT

The following land acquisition documents reflect that an extent of 0.0331 hectares of land has been acquired from the petitioner:- i) Ext. P1 survey sketch ii) Ext. P2 Form No. 93 in Award No. 2/2008 iii) Charge list of the property in question iv) Site Mahazar while assuming possession v) Notification under Section 9(3) of the Land Acquisition Act, 1894.

2.

There is no rival claimant as seen from Ext. P6 award in LAC No. 23/2008. It is beyond any pale of doubt that an extent of 0.0331 hectares of land has been taken possession of. The petitioner is then entitled to the compensation for the entire extent (see:- State of Kerala v. Kuruvila [2005(3) KLT 580]). But compensation was released only for an extent of 0.0320 hectares. The

W.P.(C). NO. 31291 OF 2010 2 compensation for an extent of 0.0011 hectares is still retained. This is on the premise that Ext. P10 document of title also mentions 8 cents. It is trite law that boundaries will prevail over the extent when there is a conflict. The material on record is sufficient and more to hold that the petitioner is entitled to compensation for the extent of 0.0331 hectares.

3.

The respondent has issued Ext. P12 letter expressing his willingness to release the whole amount. This is ofcourse subject to the condition that a court of law permits that exercise. I am convinced that the petitioner is entitled to compensation for the whole extent of 0.0331 hectares. The balance amount in deposit can also be encashed by the petitioner on proper application. The legal heirs of the petitioner (since dead) who are additional petitioners 2 to 4 can avail this benefit. The writ petition is disposed of.

V. CHITAMBARESH JUDGE