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2017 Supreme(Ker) 468

SHAJI P.CHALY
SOORYA NARAYANA BHAT – Appellant
Versus
STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE, THIRUVANANTHAPURAM – Respondent


Advocates Appeared:
FOR THE PETITIONERS: SURESH KUMAR KODOTH, K.P. ANTONY BINU
FOR THE RESPONDENTS: RAJU JOSEPH (SR.), GEORGEKUTTY MATHEW, P.A. AHAMED, MOHAMMED ANZAR K.J.

JUDGMENT :

This writ petition is filed by the petitioners seeking to quash Ext.P1 in so far it relates to the property of the petitioner covered by Exts.P2. P3, P5, P6, P6(a), P6(b), P10, P13, P15 to P17, P19, P21, P23 and P25 and for other related reliefs.

2. Material facts for the disposal of the writ petition are as follows:-

Petitioners are land holders allegedly having title and exclusive possession in accordance with documents specified above. First respondent through Ext.P1 administrative order proceeded to take possession of an extent of 180 Acres of land comprised in Paivalike, Meenja and Chippar Villages for the proposed solar projects to be undertaken by KSEB. It is stated therein that, 180 Acres of land earmarked takes in the property of the petitioners. According to the petitioners, the said land was identified on the erroneous assumption that the land holders who were validly granted assignment on registry much earlier, were no more the owners, for they failed to occupy the land in terms of conditions in the registry. That apart, it is stated that, petitioners being the independent owners the assignees as also the purchasers from assignees were not given any notice till
















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