IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 10^TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945 WP(C) NO. 9165 OF 2023 PETITIONERS:

1 MINI BENNY AGED 56 YEARS W/O.BENNY SEBASTIAN, MUNDACKAL HOUSE, PANNIMATTOM P.O., THODUPUZHA, IDUKKI DISTRICT, PIN - 685588

2 PRIYA BENNY AGED 35 YEARS D/O.BENNY SEBASTIAN, NAMBIAPARAMBIL HOUSE, KALIYAR P.O., THODUPUZHA, IDUKKI DISTRICT, PIN - 685607

3 MARIYA BENNY AGED 33 YEARS, D/O.BENNY SEBASTIAN, ANDOOKUNNEL HOUSE, PAYAPAR P.O., PALA, KOTTAYAM DISTRICT, PIN - 686651

4 ACHU BENNY AGED 29 YEARS D/O.BENNY SEBASTIAN, BLK 172, ANG MO KIO AVENUE, 4 KEBUN BARU LINK, 08-571, SINGAPORE-560172, REPRESENTED BY HER MOTHER AND POWER OF ATTORNEY HOLDER, MINI BENNY, AGED 56 YEARS, W/O.BENNY SEBASTIAN, MUNDACKAL HOUSE, PANNIMATTOM P.O., THODUPUZHA, IDUKKI DISTRICT (1ST PETITIONER HEREIN)., PIN - 685588

5 LIZ BENNY AGED 28 YEARS D/O.BENNY SEBASTIAN, THENGUMPALLIL, MUTTOM P.O., SANKARAPPILLY, THODUPUZHA, IDUKKI DISTRICT, PIN -

685587 BY ADVS.

N.JAMES KOSHY T.SANJAY MIDHUN R.

RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY REVENUE (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR SCHEDULED CASTES DEVELOPMENT DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695034

3 THE DISTRICT COLLECTOR COLLECTORATE, KUYILIMALA, IDUKKI DISTRICT, PIN -

685603

4 THE TAHSILDAR CIVIL STATION, NEW BLOCK, THODUPUZHA, IDUKKI DISTRICT, PIN - 685584

5 THE PROJECT OFFICER INTEGRATED TRIBAL DEVELOPMENT PROJECT, MINI CIVIL STATION, NEW BLOCK, THODUPUZHA, IDUKKI DISTRICT, PIN - 685584

6 THE STATE LEVEL EMPOWERED COMMITTEE (SLEC), REPRESENTED BY THE SPECIAL SECRETARY REVENUE (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 OTHER PRESENT:

SRI. ASHWIN SETHUMADHAVAN (SR GP)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners are the legal heirs of late Benny Sebastian, who died on 7.11.2020 following a battle with cancer. By Ext.P2 Government Order, dated 3.3.2018, the Government had formulated guidelines for the purchase of suitable lands to rehabilitate landless Scheduled Tribe families. Following Ext.P2, the 3^rd respondent issued a notification dated 21.5.2018 inviting applications from willing land owners for the sale of land for the purposes set out in Ext.P2. The said notification is on record as Ext.P3. The late Benny Sebastian had submitted a letter to the 3^rd respondent on 15.12.2018 agreeing to sell his land situated within the Velliyamattom Panchayath for the purposes of the scheme. Following inspection and a recommendation by a Committee constituted for the purpose, the District Level Committee, by Ext.P11, recommended that the land of late Benny Sebastian is suitable for purchase. Legal opinion had also been obtained regarding the marketable title of the property. The 4^th respondent, thereafter, recommended that the land can be purchased for a sum of Rs. 2,54,02,300/-. This is evident from Ext.P13 letter issued by the 4^th respondent to the 5^th respondent. This was also followed by a further letter from the 4^th respondent duly supported by a valuation statement (see Ext.P14). Thereafter, the 3^rd respondent District Collector wrote to the 1^st respondent, as is evident from Ext.P15. Since late Benny Sebastian expired on 7.11.2020, his legal heirs namely, the petitioners in this writ petition gave a fresh consent for sale of the land and also requested that a suitable decision be taken in the matter at the earliest. In the meanwhile, the Land Bank Purchase Committee decided to purchase the land by paying Rs.33,500/- per cent as is evident from Ext.P17. Finally, as is evident from Ext.P22 proceedings, the State Level Empowered Committee approved the proposal to acquire the land belonging to late Benny Sebastian (see decision No.4 in Ext.P22 Minutes of the State Level Empowered Committee) and the Government of Kerala in the Revenue Department issued