Petitioner challenged a proposal to widen a road, alleging forcible acquisition without following Land Acquisition Act procedures. The respondent admitted no proceedings had been initiated. The court held there was no basis for apprehension before a notification.
Writ petition disposed of with no costs awarded to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932
WP(C).No. 5417 of 2010(B) -------------------------
PETITIONERS:
JANAKEEYA PRATHIRODHA SAMITHI, (KOTTAYAM KUMARAKOM ROAD, EXPANSION), REP. BY ITS PRESIDENT, JOHN KURIAN, S/O.P.J.KURIAN(LATE), AGED 65 YEARS, POOVAKULAM HOUSE, THAZHATHANGADI, KOTTAYAM DISTRICT.
BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI
RESPONDENTS:
GOVERNMENT PLEADER SMT.N.SUDHA DEVI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5417 of 2010(B)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXHIBIT P1: | Notice dtd.26/11/2009 issued by the 3rdrespondent. |
|---|---|
| EXHIBIT P2: | Photographs showing the alignment of the road at various points. |
| EXHIBIT P3: | Representation submitted on 5/12/2010 before the Minister for PWD. |
| EXHIBIT P4: | Application made U/s.6 of the Right to Information Act dtd.14/12/2009. |
| EXHIBIT P5: | Reply given to the petitioner by the 5threspondent. |
| EXHIBIT P6: | News paper report published in Malayala Manorama Daily dtd.30/1/2010. |
| EXHIBIT P7: | News item published in the Malayala Manorama daily dtd.31/1/2010. |
| EXHIBIT P8: | News item published in Malayala Manorama daily dtd.4/2/2010. |
| EXHIBIT P9: | Photographs showing the stones laid inside the property of the members of the petitioner association. |
| EXHIBIT P10: | Complaint dtd.4/2/2010 submitted before the Circle Inspector of Police, Kottayam West Police Station. |
| EXHIBIT P11: | Representation dtd.5/2/2010 submitted before the 2ndrespondent. |
RESPONDENTS' EXHIBITS: Nil
True copy
P.A. to Judge
T.R.RAMACHANDRAN NAIR, J.
W.P.(C)No.5417 of 2010
Dated this the 20th day of May, 2010
JUDGMENT
This writ petition is filed by the petitioner aggrieved by the proposal for the widening of Kottayam-Kumarakom Road. It is submitted that without initiating any valid proceedings under the Land Acquisition Act respondents are taking steps for forcible acquisition violating all the principles of law.
The writ petition is accordingly disposed of. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE
skj
2 issues framed by the court
Whether a writ petition challenging a proposal for road widening without any Land Acquisition Act proceedings is maintainable.
Whether the High Court should interfere when the respondent admits no acquisition notification has been issued.
Janakeeya Prathirodha Samithi
State of Kerala
District Collector, Kottayam
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
