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2022 Supreme(Online)(KER) 50506
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TH FRIDAY, THE 25 DAY OF NOVEMBER 2022 /4TH AGRAHAYANA, 1944 WP(C) NO. 14395 OF 2021 PETITIONER:
M.A.AZAD,AGED 70 YEARS,ADVOCATE,IQUBAL MANZIL, KADATHORE MURI, THAZHAVA, KARUNAGAPPALLY, KOLLAM BY ADVS.
K.P.SATHEESAN (SR.)
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR S.K.ADHITHYAN SABU PULLAN GOKUL D. SUDHAKARAN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
3 THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM-691 013
4 THE SECRETARY, THAZHAVA GRAMA PANCHAYATH, S.R.P.M.P.O., KARUNAGAPPALLY, KOLLAM-690 523
5 HIGH COURT OF KERALA, REPRESENTED BY THE REGISTRAR (DISTRICT JUDICIARY), ERNAKULAM, KOCHI-682 031
6 ADDL.R6.SOORAJ KUMAR.T.S AGED 40, S/O.T.K.SASIDHARAN, THAYYIL, S.V.MARKET P.O., KARUNAGAPPALLY - 690 573.
7 ADDL.R7.B.BINU AGED 43, S/O.G.B.PILLAI,MANDANATH, EDAKULANGARA P.O., KARUNAGAPPALLY - 690 523. [ADDL.R6 & R7 ARE IMPLEADED AS PER ORDER DATED 11.02.2022 IN I.A.1/2022 IN WP(C)14395/2021]
8 ADDL.R8. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HOME (C) DEPARTMENT, THIRUVANANTHAPURAM. [ADDL.R8 IS SUO MOTU IMPLEADED AS PER ORDER DATED 11.02.2022 IN WP(C)14395/2021.]
9 ADDL. R9: THE BAR ASSOCIATION,KARUNAGAPPALY, REG. NO.Q 824/2000, REPRESENTED BY THE PRESIDENT, KARUNAGAPPALLY P.O., KOLLAM.
ADDL.R9 IMPLEADED AS PER ORDER DATED 02/03/2022 IN IA.2/2022 IN WP(C)NO.14395/2021.
10 ADDL.R10: THE KARUNAGAPPALLY MUNICIPALITY, REPRESENTED BY ITS MUNICIPAL SECRETARY, SALEM-KOCHI-
KANYAKUMARI HIGHWAY, LALAJI JUNCTION, KARUNAGAPPALLI, KERALA-690 518.
ADDL. R10 IMPLEADED AS PER ORDER DATED 02/03/2022 IN IA.3/2022 IN WP(C)NO.14395/2021.
11 ADDL-R11 THE SECRETARY THE DEPARTMENT OF FINANCE,SECRETARIAT, TRIVANDRUM IS SUO MOTU IMPLEADED AS PER ORDER DATED 15/11/2022 IN WPC NO.14395/2021 BY ADVS.
S.RENJITH (SPL. GP.) WITH A.A.G.
SIJU KAMALASANAN, SC, THAZHAVA GRAMA PANCHAYATH SUNIL JACOB JOSE SADCHITH.P.KURUP J.OM PRAKASH M.R.SASITH C.P.ANIL RAJ R.K.CHIRUTHA NEELANJANA NAIR RANJITH E N PREETI S.
HARIKUMAR P.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2022, ALONG WITH WP(C).5889/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TH FRIDAY, THE 25 DAY OF NOVEMBER 2022/4TH AGRAHAYANA, 1944 WP(C) NO. 19727 OF 2021 PETITIONER:
AJAIKUMAR VAZHAPPALLY K.V AGED 49 YEARS S/O.VIKRAMAN PILLAI,KRISHNA SOUTH WEST THAZHAVA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADVS.
BINU GEORGE HEMALATHA RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001
2 CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001
3 REGISTRAR (DISTRICT JUDICIARY)
HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031
4 DISTRICT COLLECTOR, CIVIL STATION, KOLLAM, PIN-691 013.
5 MUNICIPAL SECRETARY, MUNICIPAL OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690 518
6 TAHASILDAR, KARUNAGAPPALLY, PIN-690 518.
BY ADVS.
S.REJITH (SPL.GP) WITH A.A.G.
M.R.SASITH SUNIL JACOB JOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.11.2022, ALONG WITH WP(C).5889/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TH FRIDAY,THE 25 DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944 WP(C) NO. 5889 OF 2022 PETITIONER:
MUHAMMED BASHEER A.,AGED 54 YEARS KATTOOR VEEDU, S.V. MARKET P.O., KARUNAGAPPALLY, KOLLAM, PIN - 690573 BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR S.K.ADHITHYAN SABU PULLAN GOKUL D. SUDHAKARAN RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE MUNICIPAL DIRECTOR,DIRECTORATE OF MUNICIPALITIES, SWARAJ BHAVAN, KOWDIAR P.O., NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003
3 THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM., PIN - 695013
4 KARUNAGAPPALLY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KARUNAGAPPALLY, KOLLAM., PIN - 690518
5 THE SECRETARY,MUNICIPAL OFFICE, KARUNAGAPPALLY, KOLLAM, PIN - 690518
6 FELIX BABU, FERNS LAND, CURZON NAGAR - 165, KACHERI JUNCTION, KOLLAM, PIN – 691013
7 M. ANSAR,SHAJAHAN MANZIL, PADA SOUTH, KARUNAGAPPALLY, KOLLAM, PIN - 690518 BY ADVS.
S. RENJITH (SPL.GP) WITH AAG C.RAJENDRAN B.K.GOPALAKRISHNAN SIJU KAMALASANAN FOR THAZHAVA GRAMA PANCHAYATH SUNIL JACOB JOSE FOR REGISTRAR (DISTRICT JUDICIARY )
J. OM PRAKASH FOR BAR ASSOCIATION KARUNAGAPALLY;
M.R.SASITH FOR KARUNAGAPALLY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.11.2022, ALONG WITH WP(C).9382/2022, 14395/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TH FRIDAY, THE 25 DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944 WP(C) NO. 9382 OF 2022 PETITIONER:
FELIX BABU AGED 69 YEARS,S/O.AMBROSE P FERNS, RESIDING AT FERNS LAND CURZON NAGAR-165, KACHERI JUNCTION,KOLLAM-691 013.
BY ADVS.
C.RAJENDRAN B.K.GOPALAKRISHNAN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM
2 THE ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE DIRECTOR, DIRECTORATE OF LOCAL SELF GOVERNMENT, SWARAJ BHAVAN, NANTHANCAUD, KOWDIAR, 5TH FLOOR, THIRUVANANTHAPURAM-695 003.
4 KARUNAGAPALLY MUNICIPALITY, REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE, KARUNAGAPALLY, KOLLAM-695 018
5 MUHAMMED BASHEER A, AGED 54 YEARS, S/O MIHAMMED KUNJU, KATTOOR VEDDU, S.V.MARKET P.O.
KARUNAGAPPALLY, KOLLAM-691 573.
BY ADVS.
S.RENJITH (SPL.GP) WITH AAG M.R.SASITH, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2022, ALONG WITH WP(C).5889/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.G.ARUN, J.
===========================
WP(C) Nos.14395 &19727 of 2021 &
WP(c) Nos.5889 & 9382 of 2022 ============================
Dated this the 25th day of November, 2022
['P MOHANDAS ERNAKULAM', '', 'K SUDHINKUMAR', 'S K ADHITHYAN', 'SABU PULLAN', 'GOKUL D SUDHAKARAN', 'GOVERNMENT PLEADER', 'C RAJENDRAN', 'B K GOPALAKRISHNAN']
COMMON JUDGMENT
The issue involved in this writ petition is regarding the identification and allotment of land for the construction of judicial complex at Karunagappally.
2. The essential facts are as under:-
Of the five Courts in Karunagappally, the Judicial First Class Magistrate Court and Munsiff's Court are functioning in the Mini Civil Station situated in the heart of the town. The Sub Court and the Fast Track (POCSO) Court are functioning in rented buildings. The Family Court is located at Kuttivattom in Panmana Grama Panchayat at a distance of more than 5 Kms from the civil station. A portion of the Mini Civil Station building will eventually be demolished for widening the National Highway. That will disrupt the functioning of the Magistrate and Munsiff's Court, which are, even otherwise, reeling under space constraint. There has been a long standing demand for construction of a court complex in Karunagappally. So that all courts can function within one building. The correspondence in this regard between the District Judge, Kollam and the revenue ofÏcials started long back. As matters stood thus, the Thazhava Grama Panchayat, as per its decision dated 18.07.2017, decided to allot 39.47 Ares of land for constructing the court complex. The proposed land was found suitable for constructing the court complex. At the Panchayat’s request, the Government, as per G.O.(P) No.55/2018/LSGD dated 6.7.2018 decided to exempt the proposed land from the purview of Section 279(2) of the Kerala Panchayat Raj Act and to make the land available for constructing the court complex. Thereafter, availability of the land was brought to the notice of the Administrative Judge-in-charge on 17.10.2019. After that, things did not progress as expected. This ultimately resulted in the proposal being dropped. This was intimated to the Government vide letter dated 13.08.2019.
3. In the meanwhile, representation was received from one A.Ajayakumar, stating that 149 cents of land in Karunagappally village belonging to the Kallada Irrigation Project is available for construction of the court complex. This was intimated to the Government as per letter dated 13.08.2019. Later, the District Collector, vide letter dated 31.12.2020, informed the District Judge that the Director of IHRD had intimated that the IHRD will not surrender the land to the judicial department. Hence, that proposal was also dropped.
4. The Thazhava Panchayat kept on requesting the District Judge, Kollam to proceed with steps for construction of the court complex in the property surrendered by the Panchayat. This prompted the issuance of a letter to the Government to transfer the land owned by the Thazhava Grama Panchayat to the revenue department and subsequently to the Judicial department for constructing the court complex.
5. While things stood thus, the Karunagapally Municipal council decided to surrender 1 Acre and 9 cents of land purchased by it to the judicial department for constructing the court complex. The property offered by the Municipality was purchased by it under a sale deed dated 25.03.2014 and is therefore in the absolute possession and ownership of the Municipality. The Municipality having expressed its willingness to allot land within Karunagappally town for construction of court complex, the offer was discussed by the Administrative Judge-in-charge of Kollam District with other stakeholders and the land was found to be most suitable. The Municipality’s request for transferring its land to the judicial department is pending before the finance department of the Government. 6. WP(c) No.14395 of 2021 is filed by a practicing lawyer of Karunagappally Bar, who wants the court complex to be constructed in the land surrendered by the Thazhava Grama Panchayat. WP(C) No.19727 of 2021 is also filed by a member of the Karunagappally Bar Association, who wants the Court complex to be constructed in 1.5 Acres of land situated in Block No.10 of Karunagappally village. WP(C) No.5889 of 2
