Pathrakulam land: Govt’s plans may not bear fruit

Thiruvananthapuram: 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.”