Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 WP(C) NO. 16060 OF 2020 PETITIONER: RAMLATH, AGED 51 YEARS W/O. ABDUL LATHEEF, NOW RESIDING AT ELANGALLOOR HOUSE, VASANTH NAGAR, NEAR KALOOR STADIUM, ERNAKULAM - 682 025. BY ADVS. T.P.M.IBRAHIM KHAN (SR.) SMT.ANILA UMESH RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT - 682 030. 3 GREATEER COCHIN DEVELOPMENT AUTHORITY, REPRESENTED BY TS SECRETARY, KADAVANTHRA P. O, ERNAKULAM DISTRICT - 682 020. 4 KOCHI MUNICIPAL CORPROATION, REPRESENTED BY ITS SECRETARY, PARK AVENUE ROAD, MARINE DRIVE, KOCHI - 682 011. 5 THE VILLAGE OFFICER, PALLURUTHY VILLAGE OFFICE, KUMBLANGI VIA, PALLURUTHY, ERNAKULAM DISTRICT - 682 006. SMT.MINI.V.A. SRI.JIBU P.THOMAS,SC,COCHIN CORPORATION SRI. C.N. PRABHAKARAN SMT. RESMI THOMAS - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner, who says that she has been waiting for an assignment of land in her favour ever since in the year 2015, asserts that she has already paid the assessed market value for the same to the Greater Cochin Development Authority (GCDA), as evident from Exts.P6 and P6(a).
2. The petitioner says that in spite of the
fact that the GCDA collected the entire amount with respect to the property, as early as in August 2015, no action has been thereafter taken to assign it in her favour or to grant her the certificate of ownership. The petitioner, therefore, prays that the GCDA be directed to do so within a time frame to be fixed by this Court.
3. The learned Standing Counsel for the
GCDA-Smt.V.A.Mini, submitted, it is true that her client had assessed the value of the property, sought to be assigned to the petitioner, at Rs.50,000/- in the year 2015 and that she had remitted the same, as is limpid from Exts.P6 and P6(a). She submitted that, however, since the land comes within the territorial jurisdiction of the 2nd respondent - District Collector, he was addressed through Ext.R3(f) on 08.01.2020, by the GCDA, requesting him to value the property and inform them the same. She says that however, no action was taken by the District Collector on this and therefore, that the GCDA has been incapacitated from acting further.
4. Smt.V.A.Mini, added that petitioner was
originally occupying a puramboke area near the Kaloor Market at Kochi and that since she requested the Authorities for being rehabilitated on account of her abject financial position, the GCDA decided to give her two cents of land at Rameswaram Village, for a price which was lower than the market value. She submitted that, however, even though such a decision was taken by the Executive Committee of the GCDA, further action could be taken forward only after the District Collector gives an appropriate “No Objection Certificate” (NOC) for its registration. She pointed out that for this purpose, the GCDA has addressed the District Collector through Ext.R3(f) and prays that said Authority be directed to take a decision thereon as per law.
5. Smt.Resmi Thomas - learned Government
Pleader, submitted that if the GCDA has already approached the District Collector for a “No Objection Certificate”, to register the property in favour of the petitioner at the value fixed by their Executive Committee, necessary action thereon shall certainly be taken and that once the said Authority takes a decision, further action can be taken forward by the GCDA.
6. Taking note of the afore submissions and
specifically adverting to the fact that petitioner has been running from pillar to post for obtaining her assignment for the last more than 13 or 14 years, I deem it appropriate to allow this writ petition with the following directions: a. The 2nd respondent-District Collector will immediately take up Ext.R3(f) request
of the GCDA and issue an appropriate order
thereon as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment. b. Once the District Collector takes a decision as afore, and depending upon the same, the GCDA will take steps for registration of the property in favour of the petitioner. c. If, for any reason, the District Collector fixes a higher value, then what has been remitted by the petitioner as per Exts.P6 and P6(A), then petitioner will be at full liberty to invoke appropriate remedies as per law or to accept the same under protest and pursue her remedies thereafter.
7. Needless to say, while the District
Collector takes a decision in terms of direction (a), he shall advert to the assertion of the GCDA that the petitioner’s abject financial crisis deserved her to be granted land at the value which was lower than the market price at the relevant time. This writ petition is thus ordered. Sd/- DEVAN RAMACHANDRAN JUDGE SPR APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE MATHRUBHOOMI DAILY DATED 26-03-1997. EXHIBIT P2 A TRUE COPY OF THE VOTERS ID CARD ISSUED TO THE PETITIONER DATED 22-04- 2004. EXHIBIT P3 A TRUE COPY OF THE RESIDENTIAL CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ERNAKULAM DATED 29-12-1997. EXHIBIT P4 A TRUE COPY OF THE REPORT OF VILLAGE OFFICER, ERNAKULAM DATED 28-05-2009. EXHIBIT P5 A TRUE COPY OF THE RESIDENCE CERTIFICATE ISSUED BY THE TAHSILDAR KANAYANNUR TALUK DATED 29-05-2009. EXHIBIT P6 A TRUE COPY OF THE CASH RECEIPTS ISSUED FROM 3RD RESPONDENT DATED 30-03-2015 TOWARDS COST OF 2 CENT LAND IN SURVEY NO.205/1-A/2A. EXHIBIT P6 (A) A TRUE COPY OF THE CASH RECEIPT OF FINAL PAYMENT ISSUED FROM 3RD RESPONDENT DATED 12-08-2015. EXHIBIT P7 A TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY DATED 02-02-2018 TO THE VILALGE OFFICER, PALLURUTHY EXHIBIT P8 TRUE COPY OF REPRESETATION MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 30-05-2020.
RESPONDENT'S EXHIBITS:-
EXHIBIT R3(a) TRUE COPY OF THE LETTER DATED 11.10.1996 ISSUED BY THE AUTHORITY SEEKING ASSISTANCE FROM THE SUB INSPECTOR OF POLICE. EXHIBIT R3(b) TRUE COPY OF THE UNDERTAKING SUBMITTED BY THE PETITIONER BEFORE THE AUTHORITY. EXHIBIT R3(c) TRUE COPY OF THE LETTER ISSUED BY THE SISTER OF THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT R3(d) TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE CIRCLE INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. EXHIBIT R3(e) TRUE COPY OF THE LETTER NO.LSGD- I.A.3/118/2019 DATED 04.10.2019 ISSUED BY THE GOVERNMENT. EXHIBIT R3(f) TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE DISTRICT COLLECTOR DATED 08.01.2020.