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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 14TH DAY OF FEBRUARY, 2022 / 25TH MAGHA, 1943 WA NO. 169 OF 2022 [AGAINST THE ORDER DATED 20.01.2022 IN WP(C) NO. 351/2022]
APPELLANT/2ND RESPONDENT IN THE WRIT PETITION: STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANRHAPURAM, PIN - 695001 BY ADVOCATE GENERAL, MR. K. GOPALAKRISHNA KURUP BY SPECIAL GOVERNMENT PLEADER TO A.G. SHRI T.B.HOOD, SHRI V.MANU, SENIOR G.P.(GP-46) RESPONDENTS/PETITIONERS AND RESPONDENTS 1, 3, 4 INTHE WRIT PETITION: 1 BINU SEBASTIAN, AGED 45 YEARS S/O. P.T DEVASIA, PUNCHAYIL HOUSE, ETTUMANOOR P.O, KOTTAYAM, PIN - 686016.
SUNIL K.M., AGED 47 YEARS S/O. BABY, THOTTAKKATTU HOUSE, PERUMBAIKAD P.O, ETTUMANOOR VIA, KOTTAYAM, PIN - 686016. P.E. THOMAS, AGED 66 YEARS
S/O. V.T. EAPEN, VALIYAPUNCHALPUTHANVEETTIL HOUSE, ANIKKAL KAVALA, PERUMBAIKAD P.O, ETTUMANOOR VIA., KOTTAYAM, PIN - 686016.
MADHU J. THEKKANATTU, AGED 47 YEARS S/O. MATHAI JOSEPH, THEKKANATTU HOUSE, KIZHAKKUMBHAGAM KARA, ETTUMANOOR P.O, KOTTAYAM DISTRICT, PIN - 686631.
UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, 256-A, RAISINA ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001.
KERALA RAIL DEVELOPMENT CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, TRANS TOWER, 5TH FLOOR, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014.
THE RAILWAY BOARD, REPRESENTED BY ITS CHAIRPERSON, INDIAN RAILWAY , 256-A, RAIL BHAVAN, RAISINA BOARD, NEW DELHI, PIN - 110001.
R1 TO R4 BY ADVS. SRI. BABU JOSEPH KURUVATHAZHA R5 BY ADV. SRI. MANU S., ASG OF INDIA R6 BY SENIOR ADVOCATE SRI. S. RAMESH BABU, SRI. A DINESH RAO (SC) R7 BY ADV. SRI. C. DINESH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.02.2022, ALONG WITH WA. NO.176/2022, 179/2022 AND 186/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY , THE 14TH DAY OF FEBRUARY, 2022 / 25TH MAGHA, 1943 WA NO. 176 OF 2022 [AGAINST THE ORDER DATED 20/01/2022 IN WP(C) NO.1574/2022]
APPELLANTS/RESPONDENTS 4 AND 9 IN THE WRIT PETITION: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. 2 SPECIAL TAHSILDAR(L.A.), N.H. NO. 2 , ALUVA, PIN - 683101. BY ADVOCATE GENERAL, MR. K. GOPALAKRISHNA KURUP BY SPECIAL GOVERNMENT PLEADER TO A.G. SHRI T.B.HOOD, SHRI V.MANU, SENIOR G.P.(GP-46) RESPONDENTS/PETITIONER AND RESPONDENTS 1, 2, 3, 5, 6, 7 & 8 IN THE WRIT PETITION: SUNIL J. ARACKALAN, AGED 47 YEARS, S/O. JOSEPH, ARACKALAN HOUSE, ELAVUR KARA, PAARAKKADAVU VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683101.
UNION OF INDIA, REPRESENTED BY ITS SECRETARY , MINISTRY OF RAILWAYS, RAIL BHAVAN, 256-A, RAISINA ROAD,RAJPATH AREA,CENTRAL SECRETARIAT, NEWDELHI, PIN - 110001.
THE RAILWAY BOARD, RAIL BHAVAN, 256-A RAISINA ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001.
REPRESENTED BY ITS CHAIRMAN.
SOUTHERN RAILWAY , HEADQUARTERS OFFICE, PARK TOWN, CHENNAI, PIN - 600003.
REPRESENTED BY ITS ZONAL MANAGER.
KERALA RAIL DEVELOPMENT CORPORATION LIMITED (K-RAIL), 5TH FLOOR, TRANS TOWER, VAZHUTHACAD, THYCAD P. THIRUVANATHAPURAM, KERALA., PIN - 695014. REPRESENTED BY ITS MANAGING DIRECTOR.
MANAGING DIRECTOR, KERALA RAIL DEVELOPMENT CORPORATION LIMITED (K-RAIL), 5TH FLOOR, TRANS TOWER, VAZHUTHACAD, THYCAD P. THIRUVANATHAPURAM, KERALA., PIN - 695014.
THE UNION TERRITORY OF PUDUCHERRY, REPRESENTED BY ITS SECRETARY , REVENUE DEPARTMENT, CHIEF SECRETARIAT, PUDUCHERRY, PIN - 605001.
THE REGIONAL ADMINISTRATIVE OFFICER, OFFICE OF THE REGIONAL ADMINISTRATOR, GOVERNMENT HOUSE, MAHE, PIN - 673310.
R1 BY ADV. SMT. A.K.PREETHA R2 BY ADV. S. MANU, ASGI, R3 BY ADV. SRI. C. DINESH R5 & R6 BY SENIOR ADVOCATE SRI. S.RAMESH BABU BY STANDING COUNSEL SRI. A. DINESH RAO, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.02.2022, ALONG WITH WA. NOS.169, 179 & 186 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY , THE 14TH DAY OF FEBRUARY, 2022 / 25TH MAGHA, 1943 WA NO. 179 OF 2022
[AGAINST THE ORDER DATED 20/01/2022 IN W.P.(C) NO. 30567/2021]
APPELLANTS/RESPONDENTS 1, 3, AND 4 IN THE WRIT PETITION: 1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. 2 SPECIAL TAHSILDAR (LA), SILVER LINE, KOTTAYAM, PIN - 686001. 3
DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 695010.
BY ADVOCATE GENERAL, MR. K. GOPALAKRISHNA KURUP BY SPECIAL GOVERNMENT PLEADER TO A.G. SHRI T.B.HOOD, SHRI V.MANU, SENIOR G.P. (GP-46) RESPONDENTS/PETITIONERS AND RESPONDENTS 2, 5, 6 IN THE WRIT PETITION: MURALIKRISHNAN, AGED 43 YEARS, S/O. M.S. KRISHNAN POTTY, MADAMANA ILLOM, VELLUTHURUTHY, KUZHIMATTOM P.O., KOTTAYAM DISTRICT, PIN - 686533.
KURIAN T. KURIAN, AGED 54 YEARS, S/O. DR. THOMAS KURIAN, MAPPILACHERRY VILLA, MAMOOD P.O., CHANGANACHERRY, PIN - 686536. P. A. JOHNIKKUTTY , S/O. ITTIAVIRA, KUNNASSERI PUTHENPURAYIL, THOTTECADU,VAKATHANAM P.O., KOTTAYAM.
KERALA RAIL DEPARTMENT CORPORATION LTD., TRANS TOWER, 5TH FLOOR, VAZHUTHACADU, THIRUVANANTHAPURAM-695 054, REPRESENTED BY THE MANAGING DIRECTOR.
THE RAILWAY BOARD, INDIAN RAILWAYS, RAIL BHAVAN, RAISINA ROAD, NEW DELHI-110001, REPRESENTED BY ITS CHAIRMAN, UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI- 110001 R1 TO R3 BY ADV. SRI. O.V. MANIPRASAD R4 BY SENIOR ADVOCATE SRI. S. RAMESH BABU, BY ADV. SRI. A DINESH RAO, STANDING COUNSEL FOR RAILWAYS R5 BY ADV. SRI. C. DINESH, R6 BY ADV. MANU S., ASG OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.02.2022, ALONG WITH WA.NOS.169/2022 176/2022 & 186/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY , THE 14TH DAY OF FEBRUARY, 2022 / 25TH MAGHA, 1943 WA NO. 186 OF 2022 [AGAINST THE ORDER DATED 20/01/2022 IN W.P.(C) NO.975 OF 2022]
APPELLANTS/RESPONDENTS 2, 5, 6 & 7 IN THE WRIT PETITION: 1 STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY , SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2
SPECIAL TAHSILDAR, LAND ACQUISITION (SILVER LINE), COLLECTORATE, THRISSUR- 680001. 3 SPECIAL TAHSILDAR, LAND ACQUISITION(SILVER LINE), COLLECTORATE, KOZHIKODE- 673001. 4 SPECIAL TAHSILDAR, LAND ACQUISITION (SILVER LINE), COLLECTORATE, KOTTAYAM - 686001.
BY ADVOCATE GENERAL MR. K. GOPALAKRISHNA KURUP ADV. SRI.T.B.HOOD, SPL.G.P. TO A.G. ADV. SRI.V.MANU, SENIOR G.P.(GP-46) RESPONDENTS/PETITIONERS AND RESPONDENTS 1, 3 & 4 IN THE WRIT PETITION: V.V. VARMA, AGED 69 YEARS, S/O. ARUMUGAN, VAZHAPPULLY HOUSE, AYNOOR, PAZHANJI P O, THRISSUR - 680542.
MUJEEB RAHMAN A., AGED 39 YEARS, S/O. KOYAKKUTTY, ATTIYEDATH, CHERUVANNUR, FEROKE P O, KOZHIKKODE- 673631. M.T. THOMAS, AGED 70 YEARS, S/O. M. G . THOMAS, MURAMTHOOKIL, MULAKULAM SOUTH, PERUVA P O, KOTTAYAM- 686610. V. M. JOSEPH, AGED 71 YEARS, S/O. MATHAI THOMAS VAREECKAL, KUNNAPPILLY, PERUVA.P.O, KOTTAYAM, PIN - 686610.
MATHEW KURIAN, AGED 65 YEARS, S/O. KURIAN MATHEW, PUTHOOR THEEKARA, KUNAPPILLY , PERUVA P. O., KOTTAYAM- 686610.
UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, 256-A, RAISINA ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI - 110001.
KERALA RAIL DEVELOPMENT CORPORATION LIMITED, TRANS TOWER, 5TH FLOOR, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695001, REPRESENTED BY ITS MANAGING DIRECTOR.
RAILWAY BOARD, RAIL BHAVAN, 256-A, RAISINA ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI-110001, REPRESENTED BY ITS CHAIRPERSON.
R1 TO R5 BY ADV. SRI. P.A.MOHAMMED SHAH R6 BY ADV. SRI. S. MANU, ASG OF INDIA R7 & R8 BY SENIOR ADVOCATE SRI. S. RAMESH BABU BY ADV. SRI. A. DINESH RAO, SC, RAILWAYS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.02.2022, ALONG WITH WA.169/2022, 176/2022 & 179/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
S. Manikumar, CJ Instant writ appeals are filed against the interim order dated
20.01.2022 passed in W.P.(C) Nos. 30567/2021, 351/2022, 975/2022, and W.P.(C) No. 1574/2022, by which the writ court directed that steps for survey of the properties belonging to the writ petitioners/party respondents herein shall stand deferred until the matters are considered again on 7.2.2022.
2. It was also ordered that all other earlier interim orders issued in the writ petitions will continue to be in operation and further that every step, as is legally permissible under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (hereinafter called LARR Act 2013) can certainly be continued by the competent Authorities, scrupulously complying with the statutory prescriptions, and that the afore directions will not stop them from doing so.
3. By the impugned interim order, the learned single Judge has kept in abeyance the proceedings initiated by the appellants to survey the properties of the writ petitioners, invoking the powers conferred under the Kerala Survey and Boundaries Act, 1961, in order to undertake the Social Impact Assessment Study, as required under Section 4 of the LARR Act, 2013.
4. Appellant in W.A No. 169/2022 is the 2 nd respondent in W.P. (C) No. 351/2022; appellants in W.A. No. 176/2022 are respondents 4 and 9 in W.P.(C) No. 1574/2022; appellants in W.A. No. 179/202 are respondents 1, 3 and 4 in W.P.(C) No. 30567/2021; and appellants in W.A. No. 186/2022 are respondents 2, 5, 6, and 7 in W.P.(C) No.
975/2022.
5. Respondents/writ petitioners have filed the writ petitions to quash G.O.(Ms.) No.163/2021/RD dated 18.08.2021 and G.O.(Rt.)
No.3643/ 2021/RD dated 30.10.2021, issued by the Chief Secretary to the Government, State of Kerala, Thiruvananthapuram, and restrain the respondents and their instrumentalities, from entering into the properties of the writ petitioners/respondents, for the purpose of demarcating the boundaries for acquiring the properties of the writ petitioners, for Kerala Rail Development Corporation Limited, Thiruvananthapuram, (hereinafter called ‘KRDCL’), represented by its Managing Director, until the Union of India and Railway Board or their instrumentalities issue appropriate notification, as contemplated under the provisions of the Railways Act, 1989, for the ends of justice.
6. The issues raised in the writ petitions are in relation to installation of survey marks by the appellants under Kerala Survey and Boundaries Act, 1961 (hereinafter referred to as the 'Act, 1961'), engraving “K-Rail” in the properties belonging to the writ petitioners and others, in order to conduct Social Impact Assessment (SIA) study for the proposed Semi High Speed Railway Line Project (Silver Line Project) between Thiruvananthapuram and Kasaragod districts, within the State of Kerala.
7. The contention raised by the writ petitioners, who are the owners of various parcels of properties in Kottayam, Ernakulam, Thrissur and Kozhikode districts is that, concrete poles with the marking “K-Rail” and the survey contemplated as per Notification
No.B2/2021 dated 12.10.2021 issued by the Special Tahsildar (LA) (Silver Line), Kottayam, 2 nd appellant in W.A. No.179/2022 under the provisions of Act, 1961 and the rules framed thereunder (Exhibit-P7 in W.P.(C) No.30567/2021) and similar notifications issued for other districts in the writ petitions are illegal, in view of the fact that it interferes with the provisions of LARR Act, 2013. Hence, they have sought for removal of concrete poles erected with the marking
“K-Rail”.
8. Writ petitioners have further contended that appellants are attempting to take possession of the properties under the guise of land acquisition, without following the mandatory requirements contemplated under the LARR Act, 201
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