IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13038 of 2008(B)
1. ROY CHARLES , S/O LATE CHARLIE
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. THE PRINCIPAL SECRETARY
3. THE DISTRICT COLLECTOR,
4. BHARAT PETROLEUM CORPORATION LTD
5. KERALA STATE HOUSING BOARD
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :11/06/2008
O R D E R
S.SIRI JAGAN, J
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W.P.(C).No. 13038 OF 2008
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Dated this the 11th day of June, 2008.
J U D G M E N T
The petitioner claims that certain properties which originally
belonged to his late father devolved on him by succession. That
property is stated to have been originally leased out to M/s
Burmah Shell Oil Company. By virtue of the provisions of the
Burmah Shell (Acquisition of Undertaking in India) Act, 1976, the
said land was taken over by the Government and assigned to the
4th respondent who continued to continue to occupy the same.
Ultimately the land was surrendered by the 4th respondent to the
Government. The petitioner now claims that since the property
belongs to him, the Government is bound to re-convey the same
to the petitioner.
2. The learned standing counsel for the 5th respondent
would contend that the land has already been assigned to the
Kerala State Housing Board. The standing counsel for the 4th
respondent would submit that the 4th respondent did not have
any kind of dealings with the petitioner and they never paid any
rent to the petitioner or his predecessor. They are also not aware
W.P.(C).No. 13038 OF 2008 2
of any lease in respect of the property.
3. The contention of the petitioner is that the land being
that of the petitioner the Government could not have assigned it
to the Housing Board. The petitioner therefore seeks the
following reliefs:
1) To issue a writ of mandamus or any other appropriate
writ, order or direction, directing respondents 1 and 2 to take a
decision regarding the representations made by the petitioner,
including Ext.P2, in respect of the property having an extent of
143 cents comprised in Sy.No.229 of Ernakulam village and re-
convey the same to the petitioner and other legal heirs of late
Charlie to whom the property originally belonged.
2) To issue a writ of mandamus or any other appropriate
writ order or direction, directing the respondents 1 to 3 not to
proceed with the action initiated to grant Pattayam in respect
of the property situated in Sy.No.229 of Ernakulam village to
the 5th respondent.
4. I am of opinion that these are all disputed questions of
facts which cannot gone into under Article 226 of the Constitution
of India. In such circumstances, the petitioner submits that he
has already moved the Government by fling Ext.P3 and therefore
the Government may be directed to dispose of the same. In the
facts and circumstances of a case, I feel that the request of the
petitioner can be allowed.
W.P.(C).No. 13038 OF 2008 3
In the above circumstances, this writ petition is disposed of
with a direction to the 1st respondent to consider and pass
appropriate orders on Ext.P3 as expeditiously as possible at any
rate within six months from the date of receipt of a copy of this
judgment, after affording an opportunity of being heard to all
concerned. It would be open to the petitioner to place all such
documents which according to him would support his contentions,
which shall be considered by the Government. The petitioner
shall forward a certified copy of this judgment along with a copy
of the writ petition to the 1st respondent for compliance. But I
make it clear that I have not considered any of the contentions of
the petitioner or merit and it is open to the Government to
consider all issues involved in the matter independently including
the questions as to, even if originally the land belonged to the
petitioner’s father, the petitioner can at this point of time claim
any right over the property, and whether there was any lease in
respect of the property executed by the petitioner or his
predecessor in interest at all.
S.SIRI JAGAN, JUDGE
bkn/-