Jayan vs the State of Kerala,

JAYAN vs The State of Kerala,

Type Court Judgment Court Kerala Decided Jan 24, 2022

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https://sooperkanoon.com/case/1505015

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Citation: sooperkanoon.com/1505015
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Jan 24, 2022
Case Number: WP(C)/1644/2017

Parties & Advocates

Appellant / Petitioner

JAYAN

Respondent

The State of Kerala,

Excerpt

.....petition to be impelled and pursued by them when the afore two writ petitions are disposed of, i close it without any further orders. sd/- devan ramachandran judge mc/24.1 wp(c) no. 1644 of 2017 4 appendix of wp(c) 1644/2017 petitioner exhibits exhibit p1 true copy of the partition deed dated exhibit p2 true copy of the tax receipt dated exhibit p3 true copy of the building tax receipts dated 14/01/2015 issued from the exhibit p4 true copies of receipts dated 20/03/2015 of professional tax, license fee etc. issued from the thykattussery village panchayat. exhibit p5 true copy of the settlement deed of the sro, panavally. exhibit p6 true copy of the possession certificate dated 09/12/2015 issued from thykattussery exhibit p7 true copy of the tax receipt dated exhibit p8 true copy of the building tax receipts (2 nos.) dated 18/02/2015 issued from the exhibit p9 true copy of the sale deed bearing no. panavally. exhibit p10 true copy of the possession certificate dated 06/10/2010 issued from thykattussery exhibit p11 true copy of the tax receipt dated wp(c) no. 1644 of 2017 5 exhibit p12 true copy of the building tax receipt dated 21/03/2015 issued from the exhibit p12(a) true copy of the building tax receipt village panchayat. exhibit p13 true copy of the partition deed no.3215/86 dated 30/10/1986 of the sro, panavally. exhibit p14 true copy of the sale deed no. 1502/1991 dated 07/06/1991 of the sro, panavally. exhibit p15 true copy of the sale deed no. 1681/99 dated 05/06/1999 of the sro, panavally. exhibit p16 true copy of the tax receipt dated exhibit p17 true copy of the settlement deed no.1981/2008 dated 09/06/2006 on the file of the sro, panavally. exhibit p18 true copy of the possession certificate dated 12/10/2009 issued from thykattussery exhibit p19 true copy of the tax receipt dated exhibit p20 true copy of the building tax receipt dated 16/02/2015 issued from the exhibit p21 true copy of the letter dated 13/02/2015 issued by the 3rd respondent......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943 WP(C) NO. 1644 OF 2017 PETITIONERS: 1 JAYAN AGED 45 YEARS S/O. VISWAMBARAN, VELIKKAKATH, THYKATTUSSERY VILLAGE, NADUBAGHOM MURI, MANAPPURAM P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-688526. 2 SUJITH AGED 35 YEARS S/O. SUDHAKARAN, KOYIPARAMBU, THYKATTUSSERY VILLAGE, NADUBAGHOM MURI, MANAPPURAM P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-688526. 3 SANTHOSH S.R. AGED 48 YEARS S/O. RAJAPPAN, USHUS FROM SANTHOSH BHAVANAM, THYKATTUSSERY VILLAGE, NADUBAGHOM MURI, MANAPPURAM P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-688526. 4 USHAKUMARI T.R. AGED 43 YEARS W/O. SANTHOSH, USHUS FROM SANTHOSH BHAVANAM, THYKATTUSSERY VILLAGE, NADUBAGHOM MURI, MANAPPURAM P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-688526. 5 MOHANAN AGED 71 YEARS S/O. NARAYANAN, SANTHI MANDIRAM, THYKATTUSSERY VILLAGE, NADUBAGHOM MURI, MANAPPURAM P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-688526. 6 SANJU MOHANAN AGED 36 YEARS S/O. MOHANAN, SANTHI MANDIRAM, THYKATTUSSERY VILLAGE, NADUBAGHOM MURI, MANAPPURAM P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-688526. BY ADVS. DR.V.N.SANKARJEE SMT.C.K.LEKHAMMA SRI.V.N.MADHUSUDANAN SMT.MARY JOHN WP(C) NO. 1644 OF 2017 2 SRI.PRATHAP. S.R.K. SRI.M.K.SIDHAN SMT.M.SUSEELA SMT.R.UDAYA JYOTHI SRI.M.M.VINOD RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE CHIEF ENGINEER (ROADS AND BRIDGES), PUBLIC WORKS DEPARTMENT, GOVERNMENT OFFICERS' COMPLEX, THIRUVANANTHAPURAM-695033.
3 THE DISTRICT COLLECTOR, ALAPPUZHA-683001. 4 THE EXECUTIVE ENGINEER (ROADSS AND BRIDGES), PUBLIC WORKS DEPARTMENT, ALAPPUZHA -688001. 5 THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, CHERTHALA-688524. 6 THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS SECTION) PATTANAKKAD, CHERTHALA-688531. 7 CHERIAN VARKEY CONSTRUCTION COMPANY (PVT) LIMITED, ENGINEERS AND CONTRACTORS, VTH FLOOR, ALFA PLAZA, K.P. VALLON ROAD, KADAVANTHRA, KOCHI-682020, REPRESENTED BY ITS DIRECTOR GEORGE VARKEY. BY ADVS. S.SREEKUMAR (SR.) SRI.SANTHOSH MATHEW P.MARTIN JOSE SRI. S. KANNAN - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1644 OF 2017 3

JUDGMENT

Going by the reliefs sought for in this writ petition, it is indubitable that since the petitioners have already filed W.P(C)No.22627 of 2021, which is accompanied by another writ petition bearing number W.P(C)No.29029 of 2021 filed by other petitioners, wherein, larger reliefs have been sought - including for declaration that the acquisition notification be quashed - no further reliefs would be required to be issued by this Court in this writ petition.

2. This is because, when the afore two writ

petitions are disposed of, certainly every contention and relief urged and sought for in this writ petition will also have to be touched upon and decided appropriately. Resultantly, leaving open all contentions of the petitioners in this writ petition to be impelled and pursued by them when the afore two writ petitions are disposed of, I close it without any further orders. Sd/- DEVAN RAMACHANDRAN JUDGE MC/24.1 WP(C) NO. 1644 OF 2017 4 APPENDIX OF WP(C) 1644/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PARTITION DEED DATED EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 14/01/2015 ISSUED FROM THE EXHIBIT P4 TRUE COPIES OF RECEIPTS DATED 20/03/2015 OF PROFESSIONAL TAX, LICENSE FEE ETC. ISSUED FROM THE THYKATTUSSERY VILLAGE PANCHAYAT. EXHIBIT P5 TRUE COPY OF THE SETTLEMENT DEED OF THE SRO, PANAVALLY. EXHIBIT P6 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 09/12/2015 ISSUED FROM THYKATTUSSERY EXHIBIT P7 TRUE COPY OF THE TAX RECEIPT DATED EXHIBIT P8 TRUE COPY OF THE BUILDING TAX RECEIPTS (2 NOS.) DATED 18/02/2015 ISSUED FROM THE EXHIBIT P9 TRUE COPY OF THE SALE DEED BEARING NO. PANAVALLY. EXHIBIT P10 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06/10/2010 ISSUED FROM THYKATTUSSERY EXHIBIT P11 TRUE COPY OF THE TAX RECEIPT DATED WP(C) NO. 1644 OF 2017 5 EXHIBIT P12 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 21/03/2015 ISSUED FROM THE EXHIBIT P12(A) TRUE COPY OF THE BUILDING TAX RECEIPT VILLAGE PANCHAYAT. EXHIBIT P13 TRUE COPY OF THE PARTITION DEED NO.3215/86 DATED 30/10/1986 OF THE SRO, PANAVALLY. EXHIBIT P14 TRUE COPY OF THE SALE DEED NO. 1502/1991 DATED 07/06/1991 OF THE SRO, PANAVALLY. EXHIBIT P15 TRUE COPY OF THE SALE DEED NO. 1681/99 DATED 05/06/1999 OF THE SRO, PANAVALLY. EXHIBIT P16 TRUE COPY OF THE TAX RECEIPT DATED EXHIBIT P17 TRUE COPY OF THE SETTLEMENT DEED NO.1981/2008 DATED 09/06/2006 ON THE FILE OF THE SRO, PANAVALLY. EXHIBIT P18 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12/10/2009 ISSUED FROM THYKATTUSSERY EXHIBIT P19 TRUE COPY OF THE TAX RECEIPT DATED EXHIBIT P20 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 16/02/2015 ISSUED FROM THE EXHIBIT P21 TRUE COPY OF THE LETTER DATED 13/02/2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P22 TRUE COPY OF THE JUDGMENT DATED 23/06/2016 IN WPC NO.39089/2015 OF THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P23 TRUE COPY OF THE COUNTER AFFIDAVIT DATED WP(C) NO. 1644 OF 2017 6 WPC NO.39089/2015. EXHIBIT P24 TRUE COPY OF GOP NO.13/2012/PWD DATED EXHIBIT P25 TRUE COPY OF PAGES 8 AND 9 (CLAUSES 1405 TO 1405.1.8) THE PWD MANUAL. EXHIBIT P26 TRUE COPY OF PAGES 109 AND 110 (CLAUSE 1522.10) OF THE PWD MANUAL. EXHIBIT P27 TRUE COPY OF APPENDIX 1100.7 (GUIDANCE FOR PREPARING MANAGEMENT MEASURES WHERE PROJECT SPECIFIC EMP ARE REQUIRED) OF PART 3 OF THE PWD MANUAL. EXHIBIT P28 TRUE COPY OF REHABILITATION AND RESETTLEMENT POLICIES OF THE GOVERNMENT OF KERALA CONTAINED IN PART III OF THE PWD MANUAL. EXHIBIT P29 TRUE PHOTOGRAPH SHOWING CONSTRUCTION BRIDGE. EXHIBIT P30 TRUE PHOTOGRAPHS SHOWING STONES HAVING BEEN PLANTED. EXHIBIT P31 PHOTOGRAPHS EXHIBIT P32 TRUE COPY OF THE SOCIAL IMPACT ASSESSMENT

STUDY REPORT DATED NIL OF SPRINGS SOLUTIONS TOGETHER WITH THE PROCEEDINGS DATED 28.1.2019 OF THE DISTRICT COLLECTOR, ALAPPUZHA

EXHIBIT P33 TRUE COPY OF THE APPRAISAL REPORT DATED 14.11.2019. EXHIBIT P34 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR NO.G.2/2181/2018 DATED 19.12.2019. EXHIBIT P35 TRUE COPY OF THE ORDER DATED 20.07.2017 OF THE HONOURABLE KERALA HUMAN RIGHTS WP(C) NO. 1644 OF 2017 7 COMMISSION. Exhibit P36 TRUE COPY OF THE STATEMENT DATED BEFORE THE HONOURABLE HUMAN RIGHTS COMMISSION Exhibit P37 TRUE COPY OF THE PROGRESS NOTES DATED THE AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE Exhibit P37(A) TRUE COPY OF THE GA PSMA WHOLE BODY PET CT

IMAGING DATED 22/03/2021 OF THE 5TH PETITIONER ISSUED BY THE IMAGING LILY NUCLEAR MEDICINE AND RADIOLOGY CENTRE Exhibit P37(B) TRUE COPY OF THE BIOPSY REPORT DATED DIAGNOSTICS SERVICES

Same Court & Year Kerala · 2022 Same Parties JAYAN vs The State of Kerala, Same Judge Honourable Mr. Justice Devan Ramachandran