LAWS(KER)-1991-9-8

BHASKARA PANICKER Vs. STATE OF KERALA

Decided On September 24, 1991
BHASKARA PANICKER Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The Writ Petition, OP 9062 of 1991-D, W.A. 842 of 1991 (arising out of OP 2482 of 1990) and W.A. 845 of 1991 (arising out of OP 4518 of 1990) raise the same question regarding the validity of certain land acquisition proceedings and can, therefore, be disposed of by a common Judgment.

(2.) The facts of the case are as follows: The petitioners in all the three writ petitions belong to the Vellala community living at Neyyattinkara. They have a temple called Melatheruv Sree Mutharaman Kovil and other subsidiary temples at that place. They have been under their management and administration. One Krishna Pillai was the Chairman of the Neyyattinkara Municipality. Considering himself entitled to constitute a trust, the said Krishna Pillai created a trust on 12-1-1976 consisting of himself and six councillors of the Municipality for the administration and management of the said temples. The President of the temples, one Balakrishna Pillai and Secretary, one Krishna Pillai Laxmana Pillai filed OS 106/76 before the Munsiffs Court, Neyyattinkara against the said Krishna Pillai and other councillors for a declaration of exclusive right of Vellala community over the said temples and the properties of the temples and for a permanent injunction restraining the said trustees from interfering with the right of management and administration of the said temples and its properties. It is now revealed that in the year 1976 the Municipal Chairman, namely, Sri. Krishna Pillai died and thereafter the remaining councillors and others passed a resolution dated 29-7-1976 to acquire 3 acres 90 cents in Survey Nos 290/14 to 290/26 of the said village for the purpose of constructing a shopping complex for the Municipality. The suit was decreed in favour of the Vellala community on 4-2-1978 as per Ext. P2. However, in the meantime, on the basis of the resolution of the Municipal Council, government issued a notification in 1978 under S.3(1) of the Kerala land Acquisition Act for acquisition of the property. The Writ Petitioners and others submitted their objections to the Government. The notification of 1978 lapsed as no action was taken thereafter within the statutory period. However, in the year 1980 government issued a fresh notification under S.3(1) of the Land Acquisition Act and once again petitioners and others submitted their objections. Government passed an order on 6-11-1982 directing that alternate lands and accommodations in the shopping complex should be provided to the petitioners and others to rehabilitate them after the acquisition as per Ext. P3. Government also passed an order on 25-3-1982 exempting 27 cents and 20 cents respectively belonging to Smt. S. Vijayalaxmi and Smt. S. Nirmalakumari from acquisition as per Ext. P4. At that stage, two of the land owners, Smt. M. Swarnamma Pillai and Shri Bhargavathi Perumal Pillai filed writ petitions, OP 8578 of 1982 and 10028 of 1982 challenging the notification of 1980. For some reason the notification under S.3(1) was again allowed to be lapsed. The writ petitions were, therefore, disposed of on 11-7-1988 as per Ext. P5 as having become infructuous. However, once again, a fresh notification was published under S.4(1) in the Gazette on 15-9-1987, in two local newspapers on 24-8-1987 and 20-8-1987 and the substance of the notification was published in the locality on 12-10-1987. Petitioners and others filed objections. The Board of Revenue rejected their objections and passed a declaration under S.6(1) on 7-10-1988. The Board of Revenue passed the said order at Thiruvananthapuram. Thereafter the substance of the S.6(1) declaration is said to have published on 7-10-1988 at Neyyattinkara which is said to be 15 kms from Thiruvananthapuram, the decision was published in the local newspapers on 11-10-1988 and 12-10-1988 and in the Gazette on 11-10-1988. Questioning the said land acquisition proceedings, OP 10051 of 1988 was filed by one Bhaskara Panicker and Swarnamma Pillai. The decision in the said writ petition was challenged in WA 432 of 1989. A Division Bench of this Court consisting of Malimath, C.J. and Bhaskaran Nambiar, J. dismissed the appeal reported in Bhaskaran Panicker v. State of Kerala ( 1989 (2) KLT 71 ). One of the contentions raised therein was that the notification under S.6(1) dated 7-10-1988, published on 11-10-1988 was not made within the time prescribed by clause (ii) of the proviso to Sec.6(1) of the Act in as much as it is made beyond one year from the date of S.4(1) notification. It was held that what is material is the declaration made by the Board of Revenue on 7-10-1988 and if it is within one year from the date of notification published under S.4(1) it would be sufficient and that it is not necessary for the purpose of S.6(1) to find out the date of publication of S.6(1) notification as prescribed in S.6(2). It is further stated that no other contention was raised by the appellant in that Writ Appeal. Thereafter the petitioners therein, filed the present Writ Petition, OP 9062 of 1991 alongwith certain others questioning the same land acquisition proceedings by raising additional grounds. This Writ Petition was filed ' on 6-9-1991.

(3.) OP 2482 of 1990 was filed by three petitioners and OP 4518 of 1989 was filed by two petitioners substantially raising the same points which are again reiterated in the latter OP 9062 of 1991 filed by six persons as stated above. The said OPs came up before a learned single Judge of this Court and were dismissed by judgment dated 1-8-1991 and they filed Writ Appeals 842 of 1991 and 845 of 1991 respectively.