Kerala High Court
Sujith Kumar vs State Of Kerala on 3 June, 2025
W,P(C) Nos. 951 and 1548 of 2025
. .1..
2025:KER:38723
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 3RD DAY OF JUNE 2025/13TH JYAISHTA, 1947
WP(C) NO.951 OF 2025
PETITIONERS:
1 SUJITH KUMAR, AGED 52 YEARS,
S/O. MUKUNDAN, SUJITH BHAVAN, MURINGERI.P.O,
ANJARAKANDY, KANNUR - (DT), PIN - 670612.
2 K.P.SARADA, AGED 75 YEARS
D/O. GOVINDAN, SUJITH BHAVAN, MURINGERI.P.O,
ANJARAKANDY, KANNUR - (DT), PIN - 670612.
3 C. YASODA, AGED 84 YEARS
D/O. KANARAN, CHIRAMMAL HOUSE, MURINGERI.P.O,
ANJARAKANDY, KANNUR - (DT), PIN - 670612.
4 C. RAVEENDRAN, AGED 74 YEARS
S/O. V.V. NARAYANAN, AMBANAD HOUSE, MURINGERI.P.O,
ANJARAKANDY, KANNUR - (DT), PIN - 670612.
5 P. SUDARMA, AGED 54 YEARS,
W/O. SURESHKUMAR, 'SANDRAM', KEEZHALLUR.P.O,
KANNUR - (DT), PIN - 670612.
6 SREESADAN AMBAYATHIL, AGED 48 YEARS
S/O. KRISHNAN, VENGATTERI HOUSE, MURINGERI.P.O,
ANJARAKANDY, KANNUR - (DT), PIN - 670612.
7 LAKSHMI PADIKKAL, AGED 77 YEARS
D/O. PAITHAL, CHETTIYARCHAL HOUSE, MURINGERI.P.O,
ANJARAKANDY, KANNUR - (DT), PIN - 670612.
W,P(C) Nos. 951 and 1548 of 2025
. .2..
2025:KER:38723
8 KAMALA MEETHAL, AGED 77 YEARS
W/O. KUMARAN, KARIYIL HOUSE, MURINGERI.P.O,
ANJARAKANDY, KANNUR - (DT), PIN - 670612.
9 PREMACHANDRAN PATTATHARI, AGED 72 YEARS
S/O. CHALADAN GOPALAN, MULAKKARIYIL HOUSE,
MURINGERI.P.O, ANJARAKANDY,
KANNUR - (DT), PIN - 670612.
10 SARADA VENGATTERI, AGED 83 YEARS
W/O.RAGHAVAN, SHARARAG NIVAS, PARAMBUKARI.P.O,
MURINGERI.P.O, ANJARAKANDY,
KANNUR - (DT), PIN - 670612.
11 SARIL THARAMMEL, AGED 44 YEARS
S/O. BHARATHAN, 'THEJAS', PANAYATHAM PARAMBA,
MUZHAPALA.P.O, KANNUR, PIN - 670612.
12 K.V.NALINI, AGED 73 YEARSm
W/O. KARUNAKARAN KALATHIL, PARAMBUKARI,
MURINGERI.P.O, ANJARAKANDY,
KANNUR - (DT), PIN - 670612.
13 K. SANTHA, AGED 73 YEARS,
S/O. KUNHAPPA, MATHUMKANDI HOUSE, MURINGERI.P.O,
ANJARAKANDY, KANNUR - (DT), PIN - 670612.
14 B.V.VASANTHA, AGED 73 YEARS,
D/O. KANNAN, 'SREEVIHAR', MURINGERI.P.O,
ANJARAKANDY, KANNUR - (DT), PIN - 670612.
15 M.T. PUSHPAJA, AGED 63 YEARS,
W/O. GOVINDAN, KATTERI HOUSE, MUZHAPALA.P.O,
ANJARAKANDY, KANNUR, PIN - 670611.
16 T.P.RAVEENDRAN, AGED 74 YEARS,
S/O. BAPPU, SHEENA HOUSE, PANAYATHAM PARAMBA,
EDAYANNUR P.O, KANNUR, PIN - 670595.
17 M.K. VALSALAN, AGED 54 YEARS,
S/O. KUNHIRAMAN C.P, VINCY NIVAS, MURINGERI.P.O,
ANJARAKANDY, KANNUR - (DT), PIN - 670611.
W,P(C) Nos. 951 and 1548 of 2025
. .3..
2025:KER:38723
18 K.V. NISHA, AGED 51 YEARS,
W/O. RAJEEVAN, SRAVANAM, PARAMBUKKARI,
MURINGERI.P.O, ANJARAKANDY,
KANNUR - (DT), PIN - 670611.
19 I.K. POOMANI, AGED 75 YEARS
W/O. GANDGADHARAN, I.K NIVAS, PALAKEEZH,
MURINGERI.P.O, KANNUR, PIN - 670612.
20 I.K. JISHA, AGED 51 YEARS,
D/O. SHIVASHAKTHI, THILANNUR SATHRAM,
THAZHE CHOVVA.P.O, KANNUR, PIN - 670018.
21 V.M. SEETHA, AGED 60 YEARS
D/O. RANGUNATHAN, CHANDROTH HOUSE,
KANNADIVELICHAM, MURINGERI.P.O,
KANNUR, PIN - 670612.
22 C.P.BALAN, AGED 77 YEARS
S/O. KUMARAN, BALAKRISHNA NIVAS, MURINGERI.P.O,
KEEZHALLUR, KANNUR, PIN - 670612.
23 C.SAJINA, AGED 48 YEARS
D/O. NANU, ULLAS BHAVAN, MURINGERI.P.O,
KEEZHALLUR, KANNUR, PIN - 670612.
24 M.SOUMINI, AGED 68 YEARS
D/O. KUTTIRAMAN, ALAKKAL HOUSE, ALAKKAL,
MURINGERI.P.O, ANJARAKANDY, KANNUR, PIN - 670612.
25 K.K.SHYLAJA, AGED 64 YEARS,
D/O. KANNAN, KOMBILATH HOUSE, ALAKKAL,
MURINGERI.P.O, ANJARAKANDY, KANNUR, PIN - 670612.
26 CHANDRIKA PATTATHARI, AGED 72 YEARS,
D/O. GOPALAN, KUMAR BHAVAN, KEEZHALLUR.P.O,
KANNUR, PIN - 670612.
27 M.V. VIJAYAN, AGED 68 YEARS
S/O. SREEMATHI, MANTHATTIL HOUSE, MURINGERI.P.O,
ANJARAKANDY, KANNUR, PIN - 670612.
W,P(C) Nos. 951 and 1548 of 2025
. .4..
2025:KER:38723
28 M.CHANDRAN
AGED 74 YEARS
S/O. GOVINDAN, 'POURNAMI', KANNADIVELICHAM,
MURINGERI.P.O, KANNUR, PIN - 670612
29 M.SARADA
AGED 80 YEARS
W/O. KUMARAN, ANCHAMPEEDIKA, KEEZHALLUR,
MURINGERI.P.O, KANNUR, PIN - 670612
30 T.C. SHILNA,
AGED 40 YEARS
D/O. PURUSHOTHAMAN, SARANGI, APPKADAV,
KOOTTALI.P.O, KANNUR, PIN - 670592.
31 I.K. SHYMA,
AGED 52 YEARS
D/O. ANANDHI.M, MADATHUMKANDI, ALAKKAL,
MURINGERI.P.O, KANNUR, PIN - 670612.
32 P.K.JAYANTHI,
AGED 59 YEARS
W/O. SATHANANTHAN, ALAKKAL HOUSE, MURINGERI.P.O,
ANJARAKANDY, KANNUR, PIN - 670612.
33 K.KARUNAKARAN
AGED 81 YEARS
S/O. KANNARI, KARUNALAYAM, ALAKKAL, MURINGERI.P.O,
ANJARAKANDY, KANNUR, PIN - 670612.
34 K.V.USHA,
AGED 54 YEARS
D/O. KARUNNAN, 'USHAS' VANDIKARAN.P.O, MAMBA.P.O,
KANNUR, PIN - 670611.
35 SHANTHA MANTHATTIL,
AGED 78 YEARS,
W/O. KARUNAKARAN, KARUNALAYAM, ALAKKAL,
MURINGERI.P.O, KANNUR, PIN - 670612.
W,P(C) Nos. 951 and 1548 of 2025
. .5..
2025:KER:38723
36 N.K.JINSHA
AGED 34 YEARS
D/O. VIDHYADHARAN, 'GOKULAM' NARIKODE,
MUZHAPALA.P.O, MAMBA, KANNUR, PIN - 670611.
37 KACHERI VALAPPIL ANEESHBABU,,
AGED 50 YEARS
S/O.KARUNAN, PARAMBUKARI, MURINGERI.P.O,
ANJARAKANDY, KANNUR, PIN - 670612.
38 K.K. SURESHAN,
AGED 61 YEARS
S/O. KANNAN, PUTHIYAPARAMBATH, VENDUTTAYI,
PINARAYI.P.O, KANNUR, PIN - 670741.
39 KUNIMMAL RADHA
AGED 82 YEARS
W/O. BALAN, KUNIMMAL HOUSE, ALAKKAL,
MURINGERI.P.O, ANJARAKANDY, KANNUR, PIN - 670612.
40 K.RATNAKARAN,
AGED 54 YEARS
S/O. P.BALALN, KANNADIVELICHAM MAMBA.P.O,
ANJARAKANDY, KANNUR, PIN - 670612
41 RAJALAKSHMI.V,
AGED 76 YEARS
S/O. PADANNAKANDI KUNHAMBU, PARAMBIL HOUSE,
ICHERRY, PALLIKKUNNU.P.O, KANNUR, PIN - 670704
42 A.R. ROHINI,
AGED 67 YEARS
W/O. VENUGOPAL, 'ROSHNI', ALAKKAL, MURINGERI.P.O,
ANJARAKANDY, KANNUR, PIN - 670612.
43 P. SREEJA,
AGED 52 YEARS
D/O. KUNJIRAMAN, 'HARSHA NIVAS', ALAKKAL,
MURINGERI.P.O, ANJARAKANDY, KANNUR, PIN - 670612.
W,P(C) Nos. 951 and 1548 of 2025
. .6..
2025:KER:38723
44 V.M. KOUSALYA, AGED 90 YEARS
D/O. CHATHU, 'KUNIYIL HOUSE', PARAMBUKARI,
ALAKKAL, MURINGERI.P.O, KANNUR, PIN - 670612
45 K.K.VASANTHA
AGED 54 YEARS
W/O. BABU, ATHAN VALAPPIL HOUSE, MURINGERI.P.O,
ANJARAKANDY, KANNUR, PIN - 670612
46 B.V.GIRIJA,
AGED 57 YEARS
D/O. KRISHNAN, DEVAKI NIVAS, ALAKKAL,
MURINGERI.P.O, ANJARAKANDY, KANNUR, PIN - 670612.
47 C.P.PRASANNA
AGED 58 YEARS
W/O. JAYARAJAN, ENTHULLATHIL HOUSE,
KEEZHALLUR.P.O, KANNUR, PIN - 670612
48 C.P.RAMAKRISHNAN,
AGED 64 YEARS
S/O. KUNHIKANNAN NAMBIAR, 'ANUGRAH',
KEEZHALLUR.P.O, KANNUR, PIN - 670612
49 M.SAJEEVAN,
AGED 56 YEARS
S/O.KRISHNAN, VIDHUN NIVAS, MURINGERI.P.O,
ANJARAKANDY, KANNUR, PIN - 670612.
50 M.SHOBHANA,
AGED 63 YEARS
D/O. KRISHNAN, BAVUKKA HOUSE, KUDUKKIMOTTA,
KANHIRODE, KOOTTALI.P.O, KANNUR, PIN - 670592.
51 P.SHAKUNTHALA
AGED 68 YEARS
W/O. RAJAN, BAVUKKA HOUSE, KUDUKKIMOTTA,
KANHIRODE, KOOTTALI.P.O, KANNUR, PIN - 670592
52 I.P.UMA, AGED 58 YEARS
W/O. SREEDHARAN, CHAMBADANKANDY HOUSE, VALIYANNUR,
KOLAYAD.P.O, KANNUR, PIN - 670650.
W,P(C) Nos. 951 and 1548 of 2025
. .7..
2025:KER:38723
53 M. DHAKSHAYANI
AGED 64 YEARS
W/O. SREEDHARAN, KOCHUVEEDU, CHALLOD,
EDAYANNUR.P.O, KANNUR, PIN - 670595.
54 M.V. PANKAJAKSHI,
AGED 57 YEARS
D/O. KUMARAN, JINSHA NIVAS,
MURINGERI, KEEZHALLUR.P.O, KANNUR, PIN - 670612.
55 SMITHA.P
AGED 52 YEARS
W/O. VALSALAN, VINCY NIVAS, MURINGERI.P.O,
ANJARAKANDY, KANNUR, PIN - 670612
56 K.K.RAJEEVAN
AGED 59 YEARS
S/O. KANNAN, JINCY NIVAS, MURINGERI.P.O,
ANJARAKANDY, KANNUR, PIN - 670612
57 K.RENIJA
AGED 40 YEARS
D/O. KUMARAN, ATHOLIPADIKKAL, PONNIAM WEST.P.O,
KUNDUPIRA, KANNUR, PIN - 670641.
58 M.P. PRADEEPAN
AGED 59 YEARS
S/O. KUNHIKANNAN, MANTHATTIL, ALAKKAL,
MURINGERI.P.O, KANNUR, PIN - 670612
59 PRAKASHAN KUNIMMAL,
AGED 63 YEARS
S/O. P. BALAN, KUNIMMAL HOUSE, ALAKKAL,
MURINGERI.P.O, KANNUR, PIN - 670612
60 P.P. PRADEEPAN
AGED 46 YEARS
S/O. VASU, PUTHIYAPURAYIL HOUSE, VADUVANKULAM,
KUTTIYATTUR.P.O, MAYYIL, KANNUR, PIN - 670602.
W,P(C) Nos. 951 and 1548 of 2025
. .8..
2025:KER:38723
61 JANOVA KANDATHIL,
AGED 53 YEARS,
D/O. VASU, RAHIN NIVAS, ALAKKAL, MUNINGERI.P.O,
KANNUR, PIN - 670612.
62 AKHILESH KUMAR THUNDIYIL
AGED 56 YEARS
S/O. K.K.BHASKARAN, DILSHALAYAM, ALAKKAL,
MURINGERI.P.O, KANNUR, PIN - 670612.
63 M.ANILKUMAR,
AGED 57 YEARS
S/O. RAVEENDRAN, RAVI NIVAS, THALAP.P.O,
KANNUR, PIN - 670002
64 LOVJITH
AGED 57 YEARS
S/O. RAVEENDRAN, RAVI NIVAS, THALAP.P.O,
KANNUR, PIN - 670002
65 DEEPIKA EDAVANA
AGED 51 YEARS
D/O. NANU, ANUSREE NIVAS, VALAYAL, KEEZHALLUR.P.O,
KANNUR, PIN - 670612.
66 RAJEEVAN NAMPOKKIL,
AGED 54 YEARS
S/O. KORAN, NAMPOKKIL HOUSE, VENMANNAL,
ANJARAKANDY P.O, KANNUR, PIN - 670612
67 GANESHAN PALLIPRATH,
AGED 54 YEARS,
S/O. RAGHAVAN, THUNDIYIL HOUSE, MURINGERI,
ANJARAKANDY P.O, KANNUR, PIN - 670612
68 CHITTANKANDI KUNHIRAMAN
AGED 72 YEARS
S/O. KANNAN, ALAKKAL HOUSE, MURINGERI.P.O,
ANJARAKANDY, KANNUR, PIN - 670612
W,P(C) Nos. 951 and 1548 of 2025
. .9..
2025:KER:38723
69 CHANDRIKA THAZHEKUNIMMAL
AGED 68 YEARS
W/O. BALAKRISHNAN, SAROJINI NIVAS ATTADAPPA,
CHOVVA P.O, KANNUR, PIN - 670006.
70 K.K. RAJINI
AGED 58 YEARS
W/O. CHANDRAN, PUTHALATH HOUSE, PATHIRIYAD,
PINNARAYI.P.O, KANNUR, PIN - 670741.
71 THUNDIYIL LAKSHMI,
AGED 74 YEARS
D/O. BABU, MADHAVI NILAYAM, MURINGERI.P.O,
KEEZHALLUR, KANNUR, PIN - 670612.
72 K.KAMALAKSHI,
AGED 72 YEARS
W/O. MOHANAN, RAYAROTH HOUSE, PARIYARAM,
BHAVODE.P.O, MAKRERI, KANNUR, PIN - 670622,
73 M.V. PURUSHOTHAMAN
AGED 64 YEARS
S/O. VASU, CHAITHANYAM, MURINGERI.P.O, ANJARAKANY,
KANNUR, PIN - 670612.
74 SHIMI PURUSHOTHAMAN,
AGED 35 YEARS
D/O. PURUSHOTHAMAN, CHAITHANYAM, MURINGERI.P.O,
ANJARAKANY, KANNUR, PIN - 670612.
75 SOUDAMINI.M.V,
AGED 84 YEARS
D/O. KUNJIKANNAN, GIREESH BHAVAN,
MURINGERI.P.O, ANJARAKANY,
KANNUR, PIN - 670612
76 SHANTHA.P,
AGED 70 YEARS
W/O.CHANDRAN, PARAKKADAVAN HOUSE,
BANGLAMATTA, MUZHUPPALA,
KANNUR, PIN - 670612.
W,P(C) Nos. 951 and 1548 of 2025
. .10..
2025:KER:38723
77 SAVITHRI.K,
AGED 75 YEARS
W/O. NANU, 'BEENALAYAM', MURINGERI.P.O,
ANJARAKANY, KANNUR, PIN - 670612.
78 CHANDRIKA.M
AGED 75 YEARS
W/O. NANU, CHOLAVALAPPIL HOUSE, AMBANNAD,
MURINGERI.P.O, ANJARAKANY,
KANNUR, PIN - 670612.
79 M. ARAVINDAKSHAN
AGED 60 YEARS
S/O. NANU, CHOLAVALAPPIL HOUSE, AMBANNAD,
MURINGERI.P.O, ANJARAKANY, KANNUR, PIN - 670612
80 P.AKHILESHKUMAR,
AGED 56 YEARS
S/O. KRISHNAN, PUTHIYEDATH HOUSE, ALAKKAL,
MURINGERI.P.O, ANJARAKANY, KANNUR, PIN - 670612
81 C.K.VASANTHA,
AGED 64 YEARS
D/O. CHANTHU, KARUNALAYAM, KEEZHALLUR.P.O,
ANJARAKANY, KANNUR, PIN - 670612.
BY ADVS.
SRI.CIBI THOMAS
SMT.SWARNA THOMAS
SMT.ANUSREE K.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, GOVT. SECRETARIAT
THIRUVANANTHAPURAM (DT), PIN - 695001.
2 THE DISTRICT COLLECTOR KANNUR,
COLLECTORATE, CIVIL STATION, KANNUR, PIN - 670002
W,P(C) Nos. 951 and 1548 of 2025
. .11..
2025:KER:38723
3 THE DEPUTY COLLECTOR (LA),
COLLECTORATE, CIVIL STATION, KANNUR, PIN - 670002.
4 THE SPECIAL TAHSILDAR (LA),
KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
CORPORATION (KINFRA), KINFRA INDUSTRIAL PARK,
NEAR PRNSS COLLEGE, MATTANNUR,
KANNUR, PIN - 670702
*ADDL.R5 THE MANAGING DIRECTOR
KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
CORPORATION (KINFRA), KINFRA HOUSE,
SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010.
*[ADDL.R5 IS IMPLEADED AS PER ORDER DATED
24.01.2025 IN IA 1/2025 OF WPC 951/2025]
BY ADVS.
SRI.P.U.SHAILAJAN, SC
SMT.SUDHA DEVI, SPECIAL GOVERNMENT PLEADER (LA)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.06.2025, ALONG WITH WP(C).1548/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W,P(C) Nos. 951 and 1548 of 2025
. .12..
2025:KER:38723
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 3RD DAY OF JUNE 2025/13TH JYAISHTA, 1947
WP(C) NO.1548 OF 2025
PETITIONERS:
1 T.SASEENDRAN, AGED 71 YEARS
S/O KUNHAMBU, PENSIONER,
RESIDING AT MADAPURAKKAL HOUSE, PUNNAD P.O,
KEEZHUR, IRITTY TALUK,
KANNUR DISTRICT, PIN - 670703.
2 DINESHAN T, AGED 60 YEARS
S/O KUNHAMBU, AGED 60 YEARS, PENSIONER,
RESIDING AT 'RAGANANDA', PATTATHARI,
ANJARAKANDY PO, KEEZHALLUR, THALASSERRY TALUK,
KANNUR DISTRICT, PIN - 670612
3 PUSHPAVALLI T, AGED 68 YEARS
D/O KUNHAMBU, HOUSE WIFE,
RESIDING AT KELATHANKANDI HOUSE, PATTATHARI,
ANJARAKANDY P.O, KEEZHALLUR, THALASSERRY TALUK,
KANNUR DISTRICT, PIN - 670612
4 SHYLENDRAN T, AGED 67 YEARS
S/O KUNHAMBU, PENSIONER,
RESIDING AT 'SREEHARSHAM', KUZHIMBILODE,
ANJARAKANDY P.O, KEEZHALLUR, THALASSERRY TALUK,
KANNUR DISTRICT, PIN - 670612.
5 SHEEJA T, AGED 53 YEARS
W/O GUNASHEELAR, HOUSE WIFE,
RESIDING AT PUTHIYAPARAMBATH HOUSE,
KANNADIVELICHAM, MAMBA P.O,
KANNUR DISTRICT, PIN - 670611
W,P(C) Nos. 951 and 1548 of 2025
. .13..
2025:KER:38723
6 PRASEETHA T
AGED 56 YEARS
W/O HARIDASAN, HOUSE WIFE,
RESIDING AT 'HARITHAM', PATTATHARI,
ANJARAKANDY P.O, KEEZHALLUR, THALASSERRY TALUK,
KANNUR DISTRICT, PIN - 670612
7 YESHODA K
AGED 73 YEARS
W/O RAGHAVAN, HOUSE WIFE,
RESIDING AT PALAKEEL HOUSE, KANAD, EDAYANNUR P.O,
KEEZHALLUR, THALASSERRY TALUK,
KANNUR DISTRICT, PIN - 670595
8 LEELA C.H
AGED 58 YEARS
W/O RAJAN C.K, HOUSE WIFE,
RESIDING AT CHALIKKANDI HOUSE, THALAMUNDA,
KANHIRODE P.O, MOWENCHERRY, KANNUR TALUK,
KANNUR DISTRICT, PIN - 670613
9 SANTHA K
AGED 77 YEARS
W/O NARAYANAN M, HOUSE WIFE,
RESIDING AT MARUVOTTIL HOUSE, ODATHIL PEEDIKA,
MAMBA P.O, KANNUR DISTRICT, PIN - 670611
10 PATTATHARI SHAJI
AGED 50 YEARS
S/O SHAJILA K, RESIDING AT KOTTAKANDY HOUSE,
MURINGERI P.O, KEEZHALLUR, THALASSERRY TALUK,
KANNUR DISTRICT, PIN - 670612.
11 MUHAMMADALI VANNAKANDY
AGED 54 YEARS
S/O KUNHAMMED, BUSINESS,
RESIDING AT 'SANID MANZIL', IRIVERI P.O,
MOWENCHERRY, KANNUR TALUK,
KANNUR DISTRICT, PIN - 670613
W,P(C) Nos. 951 and 1548 of 2025
. .14..
2025:KER:38723
12 RAVI RAGHAVAN KURUTI
AGED 63 YEARS
S/O RAGHAVAN, BUSINESS,
RESIDING AT 'SANID MANZIL', IRIVERI P.O,
MOWENCHERRY, KANNUR TALUK,
KANNUR DISTRICT, PIN - 670613
13 VALSALAN P
AGED 74 YEARS
S/O KRISHNAN, BUSINESS,
RESIDING AT PUTHIYAPURAYIL HOUSE, PINARAYI P.O,
THALASSERRY TALUK, KANNUR DISTRICT, PIN - 670741
14 CHANDRAN V.K
AGED 72 YEARS
S/O KELU NAIR, STORE KEEPER,
RESIDING AT POYIL HOUSE, THALAMUNDA, KOODALI P.O,
THALASSERRY TALUK, KANNUR DISTRICT, PIN - 670592
15 RAJAN P
AGED 69 YEARS
S/O KUNHAPPA, BUSINESS,
RESIDING AT PANCHAMI NIVAS,
THARAMMAL,
ANJARAKANDY P.O, MURINGERI,
THALASSERRY TALUK,
KANNUR DISTRICT, PIN - 670612
16 CHANDRAN K
AGED 62 YEARS
S/O KUNHAMBU NAIR, DRIVER,
RESIDING AT KADUKKACHALIL HOUSE,
MUZHAPALA P.O, MAMBA,
KANNUR DISTRICT, PIN - 670611.
17 RAVEENDRAN K K
AGED 60 YEARS
S/O AMBU, PENSIONER,
RESIDING AT 'ANITHAS',
KANNADIVELICHAM, P.O MAMBA,
KANNUR DISTRICT, PIN - 670611
W,P(C) Nos. 951 and 1548 of 2025
. .15..
2025:KER:38723
18 USHA A.V
AGED 57 YEARS
W/O KUMARAN, HOUSE WIFE,
RESIDING AT 'V.K HOUSE', VEMBADI, P.O MATTANNUR,
CHAVASSERRY, IRITTY TALUK,
KANNUR DISTRICT, PIN - 670702
19 CHANDRAMATHI.M.V
AGED 67 YEARS
W/O GOVINDAN, HOUSE WIFE,
RESIDING AT CHANDHOOTTY VALAPPIL HOUSE,
MURINGERI P.O, ANJARAKANDY, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612
20 PAVITHRAN M.V
AGED 67 YEARS
S/O ANANDAN, COOLIE,
RESIDING AT 'VINYA NIVAS', P.O MURINGERI,
KEEZHALLUR, KANNUR DISTRICT, PIN - 670612
21 SREEJA M.V
AGED 54 YEARS
W/O SURESAN V, HOUSE WIFE,
RESIDING AT 'DWARAKA', KATTOLI, P.O MANIYOOR,
TALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670592
22 NANDINI.K.V
AGED 74 YEARS
D/O KELAN,
HOUSE WIFE,
RESIDING AT EDAVALATH HOUSE,
PUTHUKUDICHAL, P.O MUZHAPPALA,
MAMBA, KANNUR TALUK,
KANNUR DISTRICT,
PIN - 670611
23 NANDINI.K
AGED 69 YEARS
D/O KUMARAN K.P, HOUSE WIFE,
RESIDING AT CHANDROTH HOUSE, KANNADIVELICHAM,
P.O MAMBA, KANNUR TALUK,
KANNUR DISTRICT, PIN - 670611
W,P(C) Nos. 951 and 1548 of 2025
. .16..
2025:KER:38723
24 KUTTIYAN RAVENDRAN
AGED 65 YEARS
S/O JANU, COOLIE,
RESIDING AT 'NAVITHA NIVAS', THARAMMAL,
EDAYANNUR P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670595
25 SREEDHARAN P
AGED 67 YEARS
S/O KANNAN, BUSINESS,
RESIDING AT PUTHIYADATH HOUSE, ALAKKAL,
MURINGERI P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612
26 SHOBHANA PATTATHARI
AGED 60 YEARS
W/O PAVITHRAN, HOUSE WIFE,
RESIDING AT 'PAVITHRALAYAM', ANJARAKKANDY,
MURINGERI PO, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612
27 SASIDHARAN MURIKKAL
AGED 70 YEARS
S/O KRISHNAN, HOUSE WIFE,
RESIDING AT MURIKYAL HOUSE, ALAKKAL,
MURINGERI PO, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612
28 BHAVANI P
AGED 74 YEARS
D/O GOPALAN, HOUSE WIFE,
RESIDING AT CHETTIYANTE VALAPPIL HOUSE,
MURINGERI P.O,
KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612
29 SIJIN A, AGED 46 YEARS
S/O SUKUMARAN, PEON,
RESIDING AT PUTHANPURAYIL HOUSE, PALAKEEZHU,
MURINGERI P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612
W,P(C) Nos. 951 and 1548 of 2025
. .17..
2025:KER:38723
30 SARADA P, AGED 71 YEARS
W/O KARUNAN P, HOUSE WIFE,
RESIDING AT KALLU VELLICHALIL HOUSE, PATTATHARI,
ANJARAKANDY P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612.
31 NISHA K, AGED 53 YEARS
W/O RAMACHANDRAN B.P, HOUSE WIFE,
RESIDING AT 'GOKULAM', KOORENTE PEEDIKA,
MUZHAPPALA P.O, MAMBA,
KANNUR DISTRICT, PIN - 670611
32 PRABHAKARAN N, AGED 70 YEARS
S/O KORAN, COOLIE, RESIDING AT 'PREMJITH NIVAS',
VENMANAL, ANJARAKANDY P.O, PADUVILAYI,
KANNUR DISTRICT, PIN - 670612
33 BALAN P, AGED 73 YEARS
S/O KANNAN,BUSINESS, RESIDING AT 'SANTHA NIVAS',
MURINGERI P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612
34 SOBHANA VAYALMBRON, AGED 59 YEARS
W/O RAVEENDRAN M, HOUSE WIFE,
RESIDING AT KOMBILATH HOUSE, MURINGERI PO,
KEEZHALLUR, KANNUR DISTRICT, PIN - 670612
35 UTHAMAN M, AGED 80 YEARS
S/O KUNHIRMAN, PENSIONER,
RESIDING AT MUKKOLA HOUSE, MURINGERI P.O,
KEEZHALLUR, KANNUR DISTRICT, PIN - 670612.
36 RAJEEVAN T.K, AGED 51 YEARS
S/O KARUNAN C, COOLIE,
RESIDING AT CHAKKARAYAN HOUSE, THALAMUNDA,
MOWENCHERI P.O, KANNUR DISTRICT, PIN - 670603.
37 BALAN K
AGED 71 YEARS
S/O GOVINDAN, PENSIONER,
RESIDING AT 'GOVINDAPURAM', ALAKKAL,
MURINGERI P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612
W,P(C) Nos. 951 and 1548 of 2025
. .18..
2025:KER:38723
38 SREELATHA K
AGED 58 YEARS
D/O NARAYANI, HOUSE WIFE,
RESIDING AT ARINGETH HOUSE, THILA VALAPPU,
MAYYIL P.O, KANNUR TALUK,
KANNUR DISTRICT, PIN - 670601.
39 SUSEELA K,
AGED 69 YEARS
W/O GOVINDAN, RESIDING AT KUNDATHIL HOUSE,
ALAKKAL, MURINGERI P.O, ANJARAKKANDY,
KANNUR DISTRICT, PIN - 670612.
40 ANILKUMAR K
AGED 59 YEARS
S/O KUNHUNNI, AGED 59 YEARS, PENSIONER,
RESIDING AT CHOLAVALAPPIL HOUSE, AMBANAD,
MURINGERI P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612.
41 SUMA B K
AGED 60 YEARS
D/O GOPALAN B, HOUSE WIFE,
RESIDING AT BALAKKANDY HOUSE,
PANAYATHAMPARAMBU, MUZHAPPALA P.O,
MAMBA,
KANNUR DISTRICT, PIN - 670611.
42 SUJATHA E
AGED 61 YEARS
W/O VIJAYAN V.R, HOUSE WIFE,
RESIDING AT VELLUVA RAYAROTH HOUSE,
PERALASSERRY, MUNDALUR P.O,
KANNUR DISTRICT, PIN - 670622.
43 FALGUNAN K, AGED 70 YEARS, S/O ACHUTHAN P, COOLIE,
RESIDING AT 'SHIJI NIVAS', KUZHIMBALODE METTA,
ANJARAKKANDY P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612.
W,P(C) Nos. 951 and 1548 of 2025
. .19..
2025:KER:38723
44 NARAYANI K, AGED 87 YEARS, W/O KUNHIRAMAN,
HOUSE WIFE, RESIDING AT KANNOTH HOUSE,
NIRIPOTTAKARI, EDAYANNUR P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670595.
45 PREMAJA P.P, AGED 61 YEARS, D/O KANNAN,
HOUSE WIFE, RESIDING AT 'DWARAKA',
PANAYATHAMPARAMBU, MURINGERI P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612
46 PALLIPRATH CHANDRAN, AGED 65 YEARS, S/O RAGHAVAN,
PENSIONER, RESIDING AT THUNDIYIL HOUSE,
MURINGERI P.O, KEEZHALLUR,
KANNUR DISTRICT, PIN - 670612
47 PADMINI A, AGED 76 YEARS, W/O KRISHNAN,
HOUSE WIFE, RESIDING AT ALAYULLATHIL HOUSE,
CHAKKARAKAL, MOWENCHERRI P.O,
KANNUR DISTRICT, PIN - 670613
48 RAJAN K, AGED 72 YEARS, S/O GOVINDAN, PENSIONER,
RESIDING AT 2-149-9-DIVYA DEEPA,
VISHNUMURTHY NAGAR, NEAR AJJANA KATTE,
KUTTAR PADAV, MANGALORE,
KARNATAKA, PIN - 575017.
49 RADHA K, AGED 67 YEARS, W/O MUKUNDA M, HOUSE WIFE,
RESIDING AT #4-120 PRASAD NILAYA, UNIVERSITY ROAD,
OPP. K.S HEGDE MEDICAL COLLAGE,
NITHYANANDA NAGARA, BELMA, DAKSHINA KANNADA,
KARNATAKA, PIN - 575018
50 RAGHAVAN K, AGED 67 YEARS, S/O GOVINDAN,
PENSIONER, RESIDING AT 'KEERTHANAM', KANAYANNUR,
MOWENCHERRI P.O, KANNUR DISTRICT, PIN - 670613
51 NIRMALA C.P, AGED 62 YEARS, W/O RAVEENDRAN,
HOUSE WIFE, RESIDING AT RAYAROTH HOUSE,
KOLLANCHIRA, EACHUR P.O,
KANNUR DISTRICT , PIN - 670591
W,P(C) Nos. 951 and 1548 of 2025
. .20..
2025:KER:38723
52 SARADA E.K, AGED 82 YEARS, W/O GOPALAN,
HOUSE WIFE, RESIDING AT CHINNAN HOUSE,
ODATHIL PEEDIKA,
MAMBA P.O, KANNUR DISTRICT, PIN - 670611
53 ANITHA.K, AGED 61 YEARS, W/O RADHAKRISHNAN M.V,
HOUSE WIFE, RESIDING AT 'MADHAVI NIVAS',
VANDIKARANPEEDIKA, MAMBA P.O,
KANNUR DISTRICT, PIN - 670611
BY ADVS.
SRI.JOBY JACOB PULICKEKUDY
SRI.ANIL GEORGE
SMT.SMITHA PHILIPOSE
RESPONDENTS:
1 STATE OF KERALA, REP. BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE DISTRICT COLLECTOR, KANNUR DISTRICT,
CIVIL STATION P.O, PIN - 670002.
3 THE SPECIAL TAHSILDAR (L.A)
KINFRA, MATTANNUR, KANNUR, PIN - 670702.
4 KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
CORPORATION (KINFRA),
REP. BY ITS MANAGING DIRECTOR, KINFRA HOUSE,
SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010
BY ADVS.
SRI.P.U.SHAILAJAN
SMT.SUDHA DEVI, SPECIAL GOVERNMENT PLEADER (LA)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03.06.2025, ALONG WITH WP(C).951/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W,P(C) Nos. 951 and 1548 of 2025
. .21..
2025:KER:38723
'C.R'
JUDGMENT
The petitioners in both these Writ Petitions challenges the
Land Acquisition proceedings, produced at Ext.P1 in W.P.(C)
No.951/2025. The essential grievance of the petitioners in
both these Writ Petitions is with respect to the proceedings
produced at Ext.P3 in W.P.(C) No.951/2025 [Ext.P1 in W.P.(C)
No.1548/2025], which reduced the value of the land by 80%, on
the allegation that quarrying operations were conducted in
such land entailing diminution of land value.
2. It is submitted by the learned counsel appearing for the
petitioners that the procedure contemplated in the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (‘2013 Act’, for
short) has not been followed. Learned counsel for the
petitioners in W.P.(C) No.951/2025 would invite the attention
of this Court to the various stages/procedures contemplated
in the Act. Section 4 deals with the Social Impact Assessment
W,P(C) Nos. 951 and 1548 of 2025
. .22..
2025:KER:38723
Study and Section 11 with the preliminary notification.
Section 15 contemplates a hearing on the objections of
affected persons, but confined to the grounds specified under
Section 15(1)(a), (b) and (c). Section 19 speaks of the
publication of declaration and summary of rehabilitation and
resettlement. As per Section 20, the land has to be marked
out, measured and planned, including the marking of the
specified areas. Section 21 – the crucial Section relied upon
by the petitioners – contemplates notice to interested
persons. Such notice is not merely with respect to
propounding the interest of the persons affected, but also
with respect to the amount and particulars of the claims to
compensation and also the value of the land, is the
submission made.
3. After the hearing contemplated, pursuant to the notice
under Section 21, the Collector has to proceed to pass an
award in terms of Section 23, wherein he is supposed to take
into account the objections of the persons interested, the
measurements made under Section 20 and also the value of the
W,P(C) Nos. 951 and 1548 of 2025
. .23..
2025:KER:38723
land on the date of publication of the notification and the
respective interest of the persons claiming compensation/
rehabilitation or resettlement.
4. Coming to the instant facts, learned counsel would point
out that Ext.P1 notification was issued on 05.02.2021, which
is in terms of Section 11 of the 2013 Act. Ext.P2 is the
basic valuation report, which is dated 12.04.2022. Ext.P3 is
the controversial order dated 25.05.2023, which refers to the
fact that the value of the lands involved have already been
fixed and orders passed; that a report has been preferred by
the Land Acquisition Officer on the premise that the lands in
question were subjected to quarrying activities, which
diminished the land value; and taking stock of that, the
value of the land fixed was reduced to the extent of 80%.
Accordingly, proceedings were issued vide Ext.P3. Ext.P4 is
the detailed valuation statement based on Ext.P3. Ext.P5 is a
representation preferred by the petitioners, specifically
pointing out that they were not afforded with any opportunity
of being heard, before issuing Ext.P3. However, the same was
W,P(C) Nos. 951 and 1548 of 2025
. .24..
2025:KER:38723
rejected vide Ext.P6, stating that the D.V.S is approved and
declaration under Section 19 has already been issued, for
which reasons, the representation cannot be considered. The
exhibits mentioned above are referred to, as produced in
W.P.(C) No.951/2025. The sum and substance of the grievance
espoused by the petitioners is that they were not afforded
with an opportunity of being heard before issuing Ext.P3,
which reduced the land value, as much as to the extent of 80%
of the value already fixed. According to the counsel for the
petitioners, if the District Collector is of the opinion that
the land value has to be re-fixed based on the report of the
Land Acquisition Officer regarding quarrying, a fresh
opportunity of hearing ought to have been granted in terms of
Section 21 of the Act, before such re-fixation. The failure
to adhere to that mandatory provision would render Ext.P3, as
also, all further proceedings illegal and liable to be
interfered with.
5. In answer to the above contentions, learned Special
Government Pleader would submit that Section 21 is an Award
W,P(C) Nos. 951 and 1548 of 2025
. .25..
2025:KER:38723
Enquiry Notice and the petitioners are not entitled to
agitate the question of classification or categorisation of
land, within the scope of Section 21. Inasmuch as the value
of land is reduced/diminished, based on classification of the
land, no opportunity of hearing is contemplated in
Section 21, is the argument advanced. Learned Special
Government Pleader also pointed out that the acquisition
proceedings had proceeded substantially and that, in majority
of the cases, Awards have been made. An interference at this
belated stage would turn the clock back causing substantial
prejudice, is the submission made. Learned Special Government
Pleader would hasten to add that the petitioners have a
remedy under Section 64 of the 2013 Act.
6. Learned counsel for the 4th respondent/requisitioning
authority would submit based on the old Land Acquisition
Act, 1894; and particular reference is made to Section 9
of that Act, which contemplates a notice, similar to
that of Section 21 of the present Act. In the context
of Section 9 of the Act, the non-compliance has been held
W,P(C) Nos. 951 and 1548 of 2025
. .26..
2025:KER:38723
as inconsequential by the Hon’ble Supreme Court in
Nasik Municipal Corporation v. Harbanslal Laikwant Rajpal and
Others [(1997) 4 SCC 199]. In other words, the Award does not
become invalid, for want of opportunity of a hearing under
Section 9. Learned counsel would submit that the purport of
Section 9 of the old Act and Section 21 of the new Act is one
and the same and therefore, absence of a hearing, that too,
when the land value was reviewed, cannot be fatal.
7. Having heard the learned counsel appearing for the
respective parties, this Court finds substantial merit in the
submissions made by the learned counsel for the petitioners.
This Court cannot appreciate the stand of the learned Special
Government Pleader that an objection with respect to
classification of the land cannot be brought within the
purview of Section 21. Section 21, as also, Section 23 of the
2013 Act are extracted here below:
“21. Notice to persons interested.
(1) The Collector shall publish the public
notice on his website and cause public notice to
be given at convenient places on or near the
W,P(C) Nos. 951 and 1548 of 2025. .27..
2025:KER:38723
land to be taken, stating that the Government
intends to take possession of the land, and that
claims to compensations and rehabilitation and
resettlement for all interests in such land may
be made to him.
(2) The public notice referred to in sub-
section (1) shall state the particulars of the
land so needed, and require all persons
interested in the land to appear personally or
by agent or advocate before the Collector at a
time and place mentioned in the public notice
not being less than thirty days and not more
than six months after the date of publication of
the notice, and to state the nature of their
respective interests in the land and the amount
and particulars of their claims to compensation
for such interests, their claims to
rehabilitation and resettlement along with their
objections, if any, to the measurements made
under section 20.
(3) The Collector may in any case require such
statement referred to in sub-section (2) to be
made in writing and signed by the party or his
agent.
(4) The Collector shall also serve notice to
the same effect on the occupier, if any, of such
land and on all such persons known or believed
to be interested therein, be entitled to act for
persons so interested, as reside or have agents
W,P(C) Nos. 951 and 1548 of 2025
. .28..
2025:KER:38723
authorised to receive service on their behalf,
within the revenue district in which the land is
situated.
(5) In case any person so interested
resides elsewhere, and has no such agent, the
Collector shall ensure that the notice shall be
sent to him by post in letter addressed to him
at his last known residence, address of place or
business and also publish the same in at least
two national daily newspapers and also on his
website.
22. xxxx
23. Enquiry and land acquisition award by
Collector.
On the day so fixed, or on any other day
to which the enquiry has been adjourned, the
Collector shall proceed to enquire into the
objections (if any) which any person interested
has stated pursuant to a notice given under
section 21, to the measurements made under
section 20, and into the value of the land at
the date of the publication of the notification,
and into the respective interests of the persons
claiming the compensation and rehabilitation and
resettlement, shall make an award under his hand
of-
(a) the true area of the land;
W,P(C) Nos. 951 and 1548 of 2025
. .29..
2025:KER:38723
(b) the compensation as determined under
section 27 along with Rehabilitation
and Resettlement Award as determined
under section 31 and which in his
opinion should be allowed for the
land; and
(c) the apportionment of the said
compensation among all the persons
known or believed to be interested in
the land, or whom, or of whose claims,
he has information. whether or not
they have respectively appeared before
him.”
8. It could be seen from Section 21(1) that the claims to
compensations and rehabilitation and resettlement for all
interests in such land may be made by the affected persons.
Immediately, this Court notice that any aspect, which affects
or touches the grant of compensation, as also, the quantum of
compensation can be a subject matter of hearing under
Section 21. Again, Section 21(2) requires the persons
affected to state the nature of their respective interests in
the land and the amount and particulars of their claim for
compensation for such interests, their claims to
W,P(C) Nos. 951 and 1548 of 2025
. .30..
2025:KER:38723
rehabilitation and resettlement along with their objections,
if any, to the measurements made under Section 20. The
expression, ‘amount and particulars of their claims’ would
include their claims with respect to compensation as well,
wherefore, a factum which affects the compensation, namely
the classification of the land, should also be read into
Section 21(2) for a meaningful purpose, as contemplated in
the statute. Now coming to Section 23, which enjoins the
District Collector to pass awards, this Court notice that
such award has to be passed after enquiring into the
objections, if any, made by the persons interested to the
measurements made under Section 20 and into the value of the
land on the date of publication of notification and into the
respective interests of the persons claiming compensation.
This Court therefore concludes that the question with respect
to classification or categorization of land, which has a
direct and immediate impact on the compensation amount
payable to the affected persons, is certainly an aspect which
comes within the scope of the objections under Section 21 of
the 2013 Act.
W,P(C) Nos. 951 and 1548 of 2025
. .31..
2025:KER:38723
9. In this regard, this Court also takes into account the
preamble of the 2013 Act, which is extracted here below:
“An Act to ensure, in consultation with
institutions of local self-government and
Gram Sabhas established under the
Constitution, a humane, participative,
informed and transparent process for land
acquisition for industrialisation,
development of essential infrastructural
facilities and urbanisation with the least
disturbance to the owners of the land and
other affected families and provide just and
fair compensation to the affected families
whose land has been acquired or proposed to
be acquired or are affected by such
acquisition and make adequate provisions for
such affected persons for their
rehabilitation and resettlement and for
ensuring that the cumulative outcome of
compulsory acquisition should be that
affected persons become partners in
development leading to an improvement in
their post acquisition social and economic
status and for matters connected therewith or
incidental thereto.”
W,P(C) Nos. 951 and 1548 of 2025
. .32..
2025:KER:38723
10. It requires no mention that the 2013 Act attempts to
make the procedure for acquisition simpler and more
transparent, besides being participative and humane too. It
contemplates acquisition by directly paying compensation to
the affected persons on the basis of the market value, so as
to put a quietus to the legal issues with respect to
acquisition. It remains a fact that the claims based on
acquisitions – by the consumption of the years taken for its
settlement – entail substantial loss to the public exchequer,
when statutory claims like interest and solatium are liable
to be paid on the compensation amount till the date of actual
payment of the amount. It is in the back drop of these
factual materials that the 2013 Act has to be read,
understood and interpreted. If, for a moment, this Court
holds that Section 21 does not contemplate a hearing on the
value as such of the land or for that matter the
categorization/classification of the land, which has a direct
impact on the value, then it may have to be conceived that
the affected persons will get an opportunity for the same for
the first time, only in terms of Section 64 of the Act, as
W,P(C) Nos. 951 and 1548 of 2025
. .33..
2025:KER:38723
pointed out by the learned Special Government Pleader. The
situation is grossly against the intent and the purpose of
the 2013 Act. To explain, it may be pointed out that, if a
relevant aspect based on classification impacting the
compensation is brought to the notice of the District
Collector by way of an objection contemplated under
Section 21, the same can also be addressed and the issue can
be settled, probably then and there. If we negate such an
opportunity, that will only pave the way for further round of
litigations. This Court, therefore, rejects the contention of
the learned Government Pleader that a question with respect
to classification is not one contemplated within the scope of
Section 21 of the 2013 Act.
11. Coming to the facts, there is no quarrel that Ext.P3 in
W.P.(C) No.951/2025 is issued without any notice, whatsoever,
to any of the affected parties. It appears from Ext.P3 that
the District Collector had chosen to take stock only of the
report of the Land Acquisition Officer, stating that the
lands in question were subjected to quarrying, which
W,P(C) Nos. 951 and 1548 of 2025
. .34..
2025:KER:38723
diminishes the value. As to how the extent of diminution has
been arrived at, is completely opaque in Ext.P3. On what
material the District Collector has calculated the diminution
to the extent of 80% is also not decipherable from Ext.P3.
Ext.P3 cannot be sustained in law, both for reason of being a
non-speaking order, as also, for want of providing an
opportunity of being heard to the affected persons in terms
of Section 21 of the 2013 Act.
12. Before concluding, I will also consider the impact of
the judgment of the Hon’ble Supreme Court in Nasik Municipal
Corporation (supra) relied upon by the 4th respondent
requisitioning authority. Nasik Municipal Corporation (supra)
was a case, where acquisition of land, pursuant to a scheme
to be framed under the Maharashtra Regional and Town Planning
Act, 1966, was the subject matter. After finalising the
development plan, notification under that Act was issued.
Pursuant to Section 4(1) notification and declaration under
Section 6 of the Land Acquisition Act, 1894, notice was
issued under Section 9 of the Act and Award came to be passed
W,P(C) Nos. 951 and 1548 of 2025
. .35..
2025:KER:38723
on 22.09.1989. Writ Petitions were filed. By proceedings
dated 26.12.1990, certain lands reserved for public purpose
were deleted by a notification dated 28.06.1993. Final plan
was published on 30.09.1993. Based on a representation made
by the Corporation, the Government issued the corrigendum on
19.08.1994 restoring status quo ante, with a slight
modification. In the light of the corrigendum issued, the
High Court held that the Award passed was not valid. Appeals
by special leave were filed before the Hon’ble Supreme Court.
One of the contentions of the respondents before the Supreme
Court was that the Award was bad in law, since information in
terms of Section 9 of the Land Acquisition Act, 1894, was not
given to the respondents. The Hon’ble Supreme Court held in
paragraph no.5 that the absence of notice or failure to serve
notice will not invalidate the Award. The above finding of
the Supreme Court will have to be understood in the given
factual matrix of that case. As could be seen from paragraph
no.4 of the judgment, the corrigendum has the effect of
restoring status quo ante of the final plan. Thus, doing away
with the acquisition, except for a small part to be utilised
W,P(C) Nos. 951 and 1548 of 2025
. .36..
2025:KER:38723
for a residential purpose. It is in this context that the
Supreme Court considered the question whether the entire
process of issuance of notice under Section 28, involving
objections and passing of final plan is required to be gone
through. The Supreme Court found that the same need not be
done. It is in continuation that the further contention of
failure to serve notice was considered and held that the
award does not become invalid for that reason. Nasik
Municipal Corporation (supra) cannot be propounded as an
authority to contend that failure to serve notice in terms of
Section 9 of the Land Acquisition Act is not fatal. The
dictum laid down in the above factual matrix cannot be
equated to the present fact scenario, wherein the land value,
already been fixed, has been reduced to the extent of 80%,
only relying upon a report of the Land Acquisition Officer,
without affording an opportunity of being heard to the
petitioners. Unlike the facts before the Supreme Court, here
is a case where petitioners were substantially affected and
aggrieved by the reduction of the land value, that too, to
the extent of 80%, without hearing them, admittedly.
W,P(C) Nos. 951 and 1548 of 2025
. .37..
2025:KER:38723
I therefore find that Nasik Municipal Corporation (supra)
cannot come to the rescue of the respondents.
13. In the circumstances, Ext.P3 (Ext.P1 in W.P.(C)
No.1548/2025) is set aside. All further proceedings pursuant
to Ext.P3, including the Awards claimed to have been passed,
will also become illegal, which however, has to be confined
to the lands in question of the petitioners before this
Court. Consequently, all the Awards passed as against the
acquisition of lands of the petitioners before this Court
are, therefore, set aside. The District Collector will
proceed from the stage of Section 21, after affording a
proper opportunity of being heard to the petitioners on the
factum of quarrying, the question of diminution of land, if
any, and the extent of such diminution, if any, and shall
pass proper Awards in terms of Section 23, after taking into
account all the above aspects. It is specifically directed
so, in view of the contention of the learned counsel for the
petitioners in W.P.(C) No.1548/2025 that the so called
quarrying, if any, conducted in the land has not impacted
W,P(C) Nos. 951 and 1548 of 2025
. .38..
2025:KER:38723
such land with any deleterious consequences, but has only
improved its utility, by making such land at par with the
road level, which contention is canvassed by the learned
counsel for the petitioners in W.P.(C) No.951/2025, as well.
14. In the light of the above observations, the Writ
Petition is allowed and the District Collector will proceed
as directed afore, in accordance with law.
Sd/-
C. JAYACHANDRAN, JUDGE
ww
W,P(C) Nos. 951 and 1548 of 2025
. .39..
2025:KER:38723
APPENDIX OF WP(C) 951/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED SRO
NO.128/2021 DATED 05.02.2021 ISSUED BY
THE 1ST RESPONDENT UNDER SEC.11(1) OF THE
RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT,
2013.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.DCKNR/3076/2016
– C5 DATED 12.04.2022 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO.DCKNR
3076/2016-C5 DATED 25.05.2023 OF THE 2ND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE DVS ABSTRACT RELATING TO
THE ACQUISITION OF LAND FOR KINFRA
INDUSTRIAL PARK COVERED UNDER EXT.P1
NOTIFICATION.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONERS THROUGH THEIR
AUTHORIZED AGENT CHANDRAN BEFORE THE 2ND
RESPONDENT.
EXHIBIT P5(a) TRUE COPY OF THE RECEIPT DATED 28.11.2024
ISSUED FROM THE OFFICE OF THE 2ND
RESPONDENT ON RECEIPT OF EXT.P5.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED
27.12.2024 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE UNDER SEC.21 OF
THE ACT ISSUED TO THE 35TH PETITIONER.
W,P(C) Nos. 951 and 1548 of 2025
. .40..
2025:KER:38723
EXHIBIT P8 TRUE COPY OF THE OBJECTION DATED
26.11.2024 SUBMITTED BY THE 35TH
PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED
19.12.2024 ISSUED BY THE VILLAGE OFFICER,
PADUVILAYI VILLAGE.
RESPONDENT EXHIBITS
EXHIBIT R4(a) TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT COLLECTOR DATED 10.02.2025.
EXHIBIT R4(b) TRUE COPY OF THE TABLE SHOWING THE
DETAILS REGARDING THE LAC NOS. AND STAUS
OF THE CASES.
W,P(C) Nos. 951 and 1548 of 2025
. .41..
2025:KER:38723
APPENDIX OF WP(C) 1548/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE PHOTOCOPY OF PROCEEDINGS DATED
25.05.2023 PASSED BY THE 2ND RESPONDENT.
EXHIBIT P2 THE TRUE PHOTOCOPY OF THE PROCEEDINGS
DATED 12.04.2022 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P3 THE TRUE PHOTOCOPY OF SETTLEMENT DEED
NO.2131/2000 OF THE 1ST PETITIONER DATED
29.08.2000 OF S.R.O ANJARAKANDY.
EXHIBIT P4 THE TRUE PHOTOCOPY OF BASIC TAX RECEIPT
NO.KL13032511408/2024 DATED 22.11.2024 IN
RESPECT OF THE PROPERTY OF THE 1ST
PETITIONER IN PADUVILAAYI VILLAGE.
EXHIBIT P5 PHTOGRAPHS.
EXHIBIT P6 THE TRUE PHOTOCOPY OF BASIS VALUATION
REPORT NO.DCKNR/15045/2017-C4 DATED
22.09.2020 IN RESPECT OF THE ACQUISITION
FOR INTERNATIONAL AYURVEDA RESEARCH
CENTRE OBTAINED UNDER THE RIGHT TO
INFORMATION ACT.
RESPONDENT EXHIBITS
EXHIBIT R3(a) TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT COLLECTOR DATED 10/2/2025.
EXHIBIT R3(b) TRUE COPY OF TABLE SHOWING THE DETAILS
REGARDING THE LAC NoS AND STATUS OF THE
CASE.