FATHIMNKUNJU Vs. R D O CHENGANNUR

JUDGEMENT

(1.) In this Original Petition, petitioner challenges Ext. P9 issued by the Assistant Collector, directing the petitioner to deposit an amount of Rs.35,575/-, the balance of compensation amount payable for acquisition of 10 cents to shift the kudikidappu of the petitioner.

(2.) Petitioner is Hie owner of 17 cents of land in Sy. No. 423 of Arattupuha village, Karthikappally Taluk, where one Hassankunju is a kudikidappukaran. According to the petitioner, she holds only less than one acre of land and she is entitled to get the kudikidappu, shifted to another place to be acquired under the provisions of K.L.R. Act. She filed an application before the Government for shifting under S.75(3) of the Act. The application was forwarded by the Government to the Deputy Collector, Alappuzha for enquiry and report. Ext. Pl is the communication sent by the Special Secretary to Government in this regard. The Assistant Collector issued Ext. P2 certificate slating that petitioner's application had been admitted for acquisition of alternate site. Ext. P4 is the order passed by the Revenue Divisional Officer slating that the application of petitioner is bona fide. Thereafter, by Ext. P5 communication, petitioner was informed that her application has been allowed. Petitioner was directed to deposit Rs. 4,225/- towards 87 1/2% of the approximate value of the property. Accordingly, she deposited the amount and Ext. P6 is the acknowledgement for receipt of the money. Government issued Ext. P7 order slating that in view of the ruling of this court in George v. State of Kerala and Others ( 1981 KLT 224 (F.B.) the R.D.O. could not pursue the matter further and therefore the Government considered the case and found that the claim made by the petitioner for shifting is bona fide. The application was accordingly allowed and the R.D.O. was directed to lake necessary steps to acquire land for shifting the kudikidappu. It is pursuant to this, the Sub Collector issued Ext. P8. Thereafter, Ext. P9 order was issued, directing her to deposit Rs.35,575/- within 15 days.

(3.) In this Original Petition, learned counsel for petitioner contended that initially she was directed to deposit an amount of Rs.4,225/- for acquisition of 10cents for shifting kudikidappu allowing application filed by her under S.75(3) and that merely because, later this court held that Asst. Collector has no jurisdiction to determine the question and the Government alone is empowered to dispose of the matter cannot affect the order already passed by the R.D.O. Learned counsel also submitted that kudikidappukaran has not challenged the order passed by the Assistant Collector and in the circumstances, it became final.