NALINI VIJAYARAGHAVAN Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Under challenge in these writ petitions is the proceedings dated 24/12/2011 of the Commissioner for Land Revenue in LR(C1) 39969/2011.

(2.) The petitioners are the lineal descendants of late Mahakavi Kumaran Asan, hereinafter referred as the late poet. They owned the properties in Sy. Nos. 265 as well as 269 in Block No. 3 of Veiloor Village in Thiruvananthapuram Taluk. The petitioners allege that with the object of preserving the house and adjoining structures used by the late poet for his residence as well as expounding his poetic genius, an extent of about 1 acre 25 cents was gifted by the petitioners and other close relatives of the late Poet to the Government of Kerala. However, certain persons who are having political power succeeded in ousting the members of the family of the late Poet from the committee for the administration of the monument when the corrupt practices and misappropriation by the aforesaid local people were questioned by them. According to the petitioners, there were series of litigations between the petitioners with the aforesaid persons and therefore, out of revenge and as a vindictive measure, those persons influenced the Government and initiated proceedings for acquisition of the adjoining land owned by the petitioners invoking urgent clause under S.17(4) of the Land Acquisition Act for the alleged developmental activities of the monument. This was challenged before this Court in certain writ petitions and ultimately, in Writ Appeal No. 1723/2009, this Court directed the Government to inquire and find out whether there was actual public purpose and need for the land. The petitioners allege that without giving any opportunity to them, an order was passed by the Land Revenue Commissioner under S.5A of the Act on 24/12/2011. Though the petitioners demanded not to take any action on the basis of the said order without even passing a declaration under S.6 and without conducting any award enquiry, the respondents are attempting to forcibly evict the petitioners from their property. This is the gist of the contents of all the writ petitions.

(3.) The petitioner in WP(C) No. 4130/2012 alleges that she as well as her cousins, who are the grandchildren of the late Poet, have their ancestral property adjoining the said 1 acre and 25 cents and old house where the late Poet lived which was already gifted to the Government and on the strength of the order of the Commissioner for Land Revenue, the respondents are trying to take over their property.