“C.R.”

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 14^TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945 W.P.(C) NO. 27754 OF 2019 PETITIONER:

COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, COCHIN DEVASWOM BOARD OFFICE, ROUND NORTH, THRISSUR-680001.

BY K.P.SUDHEER, STANDING COUNSEL, COCHIN DEVASWOM BOARD.

RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF SURFACE TRANSPORT, NEW DELHI-110001.

2 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE (DEVASWOM), DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001.

3 THE DISTRICT COLLECTOR, ERNAKULAM, KOCHI-682030.

4 DEPUTY COLLECTOR(LA), ERNAKULAM, KOCHI-682030.

5 DISTRICT SURVEY SUPERINTENDENT, ERNAKULAM, KOCHI-682021.

6 THE SPECIAL TAHSILDAR(LA)GENERAL, ERNAKULAM, KOCHI-682030.

7 TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM, KOCHI-

682011.

8 PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT OFFICE, VYTTILA, KOCHI-682019.

9 CHERANELLOOR GRAMA PANCHAYATH, CHERANELLOOR P O - 682034, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY.

10 THE TEMPLE ADVISORY COMMITTEE, CHERANELLOOR BHAGAWATHY TEMPLE, CHERANELLOOR P.O, ERNAKULAM, PIN-682034, REPRESENTED BY ITS SECRETARY.

BY ADVS.

R1 BY SRI.S.MANU, DSGI R2 BY SRI.M.H.HANIL KUMAR, SPECIAL GP (REVENUE)

R3 TO R7 BY SRI.S. RAJMOHAN, SR.GOVERNMENT PLEADER R8 BY SRI.H.KIRAN R9 BY T.K.AJITHKUMAR (VALATH)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 07.08.2023, THE COURT ON 14.09.2023 DELIVERED THE FOLLOWING:

“C.R.”

JUDGMENT

P.G. Ajithkumar, J.

The petitioner, Cochin Devaswom Board, is aggrieved by Ext.P14 order of the 3^rd respondent-District Collector, Ernakulam. As per the said order the claim of the petitioner for compensation in relation to 11.364 Ares of land comprised in re-survey No.120/13 of Cheranalloor Village, which was acquired for the construction of four line road connectivity to international Container Transshipment Terminal (ICTT), Vallarpadom was declined. Further, the correction carried out in the Settlement Register as per the order No.DSA.32/06 dated 19.04.2006 was cancelled in Ext.P14. The petitioner therefore filed this Writ Petition invoking the provisions of Article 226 of the Constitution of India seeking a writ of certiorari quashing Ext.P14. The petitioner also seeks a declaration that it is entitled to get compensation for the said 11.364 Ares of land and an order directing respondents 2 to 8 to make payment of compensation.

2. The 3^rd respondent has filed a statement dated

26.10.2019 explaining the facts and details of the proceedings culminating in Ext.P14 order. The 9^th respondent-Cheranalloor Grama Panchayat has filed a counter affidavit claiming that the property in question, which is indisputably a road, vested with the Panchayat by virtue of Section 169(1) of the Kerala Panchayat Raj Act, 1994. But the 9^th respondent conceded that the said road was not entered in the asset register of the Panchayat.

3. The petitioner has filed a reply affidavit essentially to controvert the claim of the 9^th respondent that the property in dispute has vested in the Panchayat. Paragraph No. 3 in the reply affidavit is extracted below:-

“3. It is submitted that the allegations in paragraph 3 of the counter affidavit that there was a public road through the property in Sy. No. 120/5 of Cheranalloor village and the general public were using the road as a public road is absolutely incorrect and the said statement made by the 9^th respondent is without any basis and materials. This deponent stoutly denies the said contention raised in paragraph 3 of the counter affidavit. The further allegation in paragraph 3 of the counter affidavit that the alleged public road vested with the 9^th respondent under Section 169(1) of the Kerala Panchayat Raj Act, 1994 is absolutely incorrect. The Secretary of the Grama Panchayat who participated in the hearing conducted by the Deputy Collector (Land Acquisiti