Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 WP(C) NO. 5255 OF 2014 PETITIONER: K.E.THOMAS, KANJIRATHINKAL HOUSE, KUMARANALLOOR P.O., KOTTAYAM-686016. BY ADV SRI.MATHEW PHILIP EDAPPALLIL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE (B) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2 DISTRICT COLLECTOR, KOTTAYAM-686002. 3 MANAGING DIRECTOR, ROADS AND BRIDGES, DEVELOPMENT CORPORATION OF KERALA LIMITED, PALARIVATTOM, COCHIN-682025. 4 SPECIAL TAHSILDAR AND LAND ACQUISITION (GENERAL), KOTTAYAM-686001. BY ADVS. SRI.M.VIJAYA KUMAR, RESMITHA.R.CHANDRAN, SC, RBDCK OTHER PRESENT: SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P. V. KUNHIKRISHNAN, J.
------------------------------------------- W.P(C).No.5255 of 2014 ------------------------------------------- Dated this the 1st day of March, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
(i) Issue a writ of mandamus or any other writ or
order of direction to the respondents directing them
to pay compensation to the petitioner under para 6
(4) of the package and to the employee under para 6
(7) of the same.
(ii) Grant such other reliefs as are appropriate in the circumstances [SIC]
2. An extent of 0.0073 Hectares of land held by the
petitioner was acquired for the construction of Railway Over Bridge at Kumaranalloor. The petitioner is engaged in the manufacture of soft drinks is the submission. The said premises was used as an office of the business is the submission. The compensation for the acquisition was granted as per Ext.P7, Rehabilitation and Resettlement Package. As per Ext.P7 package, the petitioner is entitled to the compensation under paragraphs 6(4) and 6(7). However, the 4th respondent refused the same vide Exts.P13 and P14 is the submission. According to the 4 th respondent, the coffee shop and the juice manufacturing unit of Sandhya had not completed three years of period, which is disputed by the petitioner. The petitioner submitted that, Exts.P1 and P6 will prove the petitioner’s presence since 1994. One of the employee of the petitioner is continuing there since 2006 is the further submission. Her signature is available in Ext.P4 bank remittance slips. Hence, she is entitled to compensation under paragraph 6(7) of the package is the submission.
3. The other findings of the 4th respondent is that, office
space alone will not amount to a commercial establishment. According to the petitioner, section 2(4) of the Shops & Commercial Establishments Act 1960 states that the commercial establishment includes an establishment, in which, the persons employed are mainly engaged in office work. Therefore, this Writ Petition is filed to pay to the petitioner compensation under paragraph 6(4) of the package and to the employee under paragraph 6(7) of the package.
4. Heard counsel for the petitioner and the Government Pleader.
5. The counsel for the petitioner reiterated the contention
raised by the petitioner. The main contention of the petitioner is against Ext.P13 proceedings of the Special Tahsildar (LA) General, Kottayam. The petitioner disputed the findings in Ext.P13 mainly relying Exts.P1, P4, P5 and P6. Ext.P6 is the membership certificate of Vyapari Kshema Nidhi. Ext.P1 is the rent agreement dated 01.06.1994. Ext.P4 is the provisional credit and payment advice in the name of the petitioner dated 12.09.2006. These are not considered by the 4th respondent while passing Ext.P13 order is the submission.
6. Considering the facts and circumstances of the case, I
am of the considered opinion that, there can be a direction to the 4 th respondent to re-consider the matter, in the light of Exts.P1, P4, P5 and P6. Therefore, this Writ Petition is disposed of with the following directions:
(1) Ext.P13 is set aside.
(2) The 4th respondent is directed to reconsider the matter in the light of Exts.P1, P4 and P5, P6 as
expeditiously as possible, at any rate, within four months from the the date of receipt of a copy of this judgment, after giving an opportunity of hearing to the petitioner. Sd/- P. V. KUNHIKRISHNAN JUDGE Sbna/ APPENDIX OF WP(C) 5255/2014
PETITIONER EXHIBITS P1:-TRUE COPY OF THE RENT DEED DTD 1/6/94 EXECUTED BY THE PETITIONER P2:-TRUE COPY OF THE SALE DEED NO 779/2007 OF KOTTAYAM ADDL SRO IN FAVOUR OF THE PETITIONER P3:-TRUE COPY OF THE BACIS TAX RECEIPT DTD 15/9/2007 P4:-TRUE COPY OF THE PROVISIONAL CREDIT AND PAYMENT ADVICE OF M/S.HDFC BANK DTD 12/9/2006 SIGNED BY SANDHYA P4(A):-TRUE COPY OF THE TEMPORARY RECEIPT OF SBI CARDS DTD 1/9/2006 P4(B):-TRUE COPY OF THE TEMPORARY RECEIPT OF HDFC BANK DTD 21/4/2007 P4(C):-TRUE COPY OF THE TEMPORARY RECEIPT OF SBI CARDS DTD 4/10/2008 P4(D):-TRUE COPY OF THE TAMPORARY RECEIPT OF SBI CARDS DTD 3/12/2008 P5:-TRUE COPY OF THE TELEPHONE BILL DTD 1/9/98 ISSUED TO THE PETITIONER P5(A):-TRUE COPY OF THE TELEPHONE BILL DTD 1/7/98 ISSUED TO THE PETITIONER P5(B):-TRUE COPY OF TEH TELEPHONE BILL DTD 1/1/99 ISSUED BY THE PETITIONER P5(C):-TRUE COPY OF THE TELEPHONE BILL DTD 1/3/99 ISSUED TO THE PETITIONER P6:-TRUE COPY OF THE MEMBERSHIP CERTIFICATE DTD 29/5/98 IN MERCHANTS WELFARE FUND P7:-TRUE COPY OF THE REHABILIATION AND RESETTLEMENT PACKAGER FOR ACQUISITION OF LAND P8:-TRUE COPY OF THE PETITION DTD 3/6/2013 TO THE 2ND P9:-TRUE COPY OF THE MINUTES OF THE HEARING DTD 22/5/13 BY THE 2ND RESPONDENT P10:-TRUE COPY OF THE ORDERS OF THE 3RD RESPONDENT ALLOWING BENEFITS UNDER THE SCHEME P11:-TRUE COPY OF THE LAWYER'S NOTICE DTD 17/9/13 ISSUED TOTHE 2ND RESPONDENT P11(A):-TRUE COPY OF THE LAWYERS NOTICE DTD 17/9/13
ISSUED TO THE 3RD RESPONDENT P12:-TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT OF 2ND P12(A):-TRUE COPY OF THE POSTAL ACKNOWLEDGMENT OF 3RD P13:-TRUE COPY OF THE ORDERS OF THE 4TH RESPONDENT DTD P14:-TRUE COPY OF THE COMPLAINT DTD 19/11/2013 TO THE 4TH P15:-TRUE COPY OF THE ORDERS OF THE 4TH RESPONDENT DTD