Times of
India: Thiruvananthapuram: Monday, 02 March 2020.
After
two consecutive failures to convince the court in the past three years, the
state government made optimum use of an additional day in February to resume
the land, where the Theerthapada Mandapam is situated (Pathrakulam). It was
assigned to Shree Vidyadhiraja Sabha four decades ago.
The
hasty takeover and a string of loopholes in Saturday night’s order has now
opened channels for another round of legal battle.
“We
are moving high court. The forceful takeover has no legal validity,” said Ajay
Kumar, secretary of Shree Vidyadhiraja Sabha.
Through
its order, the revenue department has wiped off any illegality in filling up
Pathrakulam after contending repeatedly in the past that it was unauthorised
and had been responsible for blockage of drainage and consequent flooding.
However,
the government clung on to the point of non-payment of amount for land
assignment, a contention which the court had refused to accept in 2017 and
2019. It all waters down to a matter over payment of Rs 48,750 as land value
which ought to have been paid by the society: First as 50% and then as two
annual instalments by 1978.
In
the hearing held in 2018, it was pointed out that the society owed Rs 24,375 as
balance payment for the land to be assigned to them. Even considering simple
interest, the society representatives say that it would come to less than Rs 2
lakh and in case of a cent percent penalty, it would still be less than Rs 4
lakh.
The
issue, however, is the missing documents. In the latest order, the revenue
department points out that the society failed to produce documents to prove
payment of remaining 50% of land value.
The
contention that they submitted original receipts with the application for title
deed cannot be accepted since such an application could not be found at
village/taluk or collectorate level. Revenue principal secretary V Venu said
the cardinal point based on which the government resumed the land is that the
society failed to make the required payment.
“The
burden of proof is on them as they failed to furnish evidence of payment,” said
Venu. He said it is the only point based on which the land was resumed. As
regarding the matter pertaining to land being transferred by the society to a
trust, he said it was just an observation and the resumption order was based
only on arrears.
The
society had filed an application under RTI Act in January 2020 at Vanchiyoor
village office seeking scrutiny of registers of income between 1975-1980. The
public information officer replied that the registers were destroyed and hence
information regarding income received between 1975-1980 cannot be made
available.
Kumar
said the government’s continued insistence on non-payment of balance amount
accounts to contempt of court. “On previous two occasions, such a reason was
quashed by the court,” he said. He also referred to the RTI reply and said that
the government itself cannot store its documents properly and now it asks for
evidence from the society.
According
to the Sabha, it made 50% payment in 1976 and the balance was paid in 1977 and
1978 at Vanchiyur village office. When asked why it failed to produce receipt
of payment made in 1977, Kumar said: “The application for title deed was filed
by submitting original receipts.”
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