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1995 Supreme(Ker) 391

High Court of Kerala
K.J. Joseph, J.
St Marys Society Cherukole - Appellant
Versus
Alphonse Alexander & Ors - Respondent
O.P. No. 3054 of 1995
Decided On : 02-03-1995

Headnote:

Land Acquisition - Society - S.3(1), S.18, S.30, S.54 of the Act - The court held that a writ of certiorari cannot be issued to a civil court and the judgment and decree of a civil court cannot be interfered with or quashed under Art.226 of the Constitution. The petitioner was advised to file a proper appeal against the judgment and decree before the Court with leave under S.54 of the Act.

Fact of the Case:

The petitioner, a society registered for the welfare of traditional fishermen, sought additional land for establishing a cold storage and processing of fish through land acquisition proceedings. After a series of litigations, the sixth respondent passed an award for compensation. The petitioner challenged the validity of the judgment and decree before the court under Art.226 of the Constitution.

Finding of the Court:

The court found that a writ of certiorari cannot be issued to a civil court and the judgment and decree of a civil court cannot be interfered with or quashed under Art.226 of the Constitution. The petitioner was advised to file a proper appeal against the judgment and decree before the Court with leave under S.54 of the Act.

Issues: The main issue was whether the petitioner could challenge the validity of the judgment and decree passed by a civil court in proceedings under Art.226 of the Constitution.

Ratio Decidendi: The court held that the petitioner was not entitled to invoke the extraordinary jurisdiction of the Court under Art.226 of the Constitution to question the validity of the judgment and decree passed by the Subordinate Judge. The petitioner was advised to file a proper appeal against the judgment and decree before the Court with leave under S.54 of the Act.

Final Decision: The original petition was dismissed, but the dismissal shall not stand in the way of the petitioner, if so advised, in filing a proper appeal against the judgment and decree before the Court with leave under S.54 of the Act.

JUDGMENT

K.J. Joseph, J.

1. The petitioner is a society registered for the welfare of the traditional fishermen with a view to expand the activities of the society by establishing a cold storage and processing of fish, they required additional land, to the extent of 8.27 Ares. For that purpose, they made a request to the Government to initiate land acquisition proceedings. Pursuant to that, a notification under S.3(1) of the Act was published on 2.10.1973, followed by another notification dated 29.3.1981. After series of litigations, the fifth respondent passed an award on 5.8.1989. Since there was dispute between the parties regarding the compensation to be shared and enhancement was claimed, a reference was made under S.18 and 30 of the Act to the sixth respondent. The said reference was numbered as L.A.R. No. 275 of 1989. The sixth, respondent, by Ext. P1 judgment elated 30.3.1994, allowed enhancement of the land value at Rs. 4,7187- per Are with solatium and interest. It is the case of the petitioner that no evidence was adduced on the side of the State of Kerala and the total liability as per Ext. P1 judgment is more than Rs. 1,00,000/- which has to be borne by the petitioner, for whose benefit the acquisition was ordered.

2. According to the petitioner, the society was not aware of the reference made to the land acquisition court, trial of the case and passing of Ext. P1 judgment till a communication was received by the petitioner issued by the fifth respondent directing them to make available the enhanced compensation as per Ext. P1 judgment. The communication is dated 3.11.1994. It is revealed from the said communication that the State intends to file an appeal against the judgment and decree. It is the further case of the petitioner that they were not informed about the reference since they were not made parties in the said proceedings. According to the petitioner, they are interested in the land acquisition proceedings and in the matter of passing of the award. According to them, they are proper and necessary parties to be heard m the matter. Even though the petitioner is entitled to file an appeal against Ext. P1 judgment and decree and got itself impleaded when the appeal is pending, adequate reliefs may not be available to them in the absence of evidence against the enhancement of compensation. Hence the petitioner challenges the validity of Ext. P1 judgment and decree before this court in this proceeding, under Art.226 of the Constitution. According to the petitioner, Ext. P1 is vitiated by error of law and hence liable to be interfered with by this court. The petitioner therefore, seeks for the issuance of a writ of certiorari or other appropriate writ quashing Ext. P1 and also for a writ of prohibition restraining respondents 1 to 4 from initiating execution proceedings for realisation of the amount due under the decree in Ext. P1.

3. I heard counsel for the petitioner as well as the Government pleader, on whom a copy of the original petition was served.

4. Counsel for the petitioner placed reliance on the decision reported in Neyvely Lignite Corporation Ltd. v. Special Tahsildar and others (1995 (1) SCC 221) to substantiate the contention that the petitioner society is interested in the proceedings and, therefore, they are entitled to be heard in the matter. According to counsel for the petitioner, Ext. P1 can he successfully challenged in this proceeding under Art.226 of the Constitution, even though they may have the right to appeal under S.54 of the Act. According to counsel, the relief by way of appeal is not effective and hence, he seeks interference with Ext. P1 in this proceeding under Art.226 of the Constitution.

5. I am afraid whether the petitioner would be justified m challenging Ext. P1 judgment and decree passed by a competent civil court in proceedings under Art.226 of the Constitution. A write of certiorari cannot be issued to a civil court. The judgment or order of a civil court cannot be interfered






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