Petitioners challenged a proposed land acquisition for the Thiruvananthapuram Light Metro Project. The Court closed the writ petition upon the Government Pleader's submission that acquisition proceedings would only begin after the project alignment is finalised.
The writ petition was closed recording the submission made by the learned Government Pleader.
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 P.B.SURESH KUMAR
WEDNESDAY, THE 14TH DAY OF JUNE 2017/24TH JYAISHTA, 1939
WP(C).No. 12626 of 2017 (C)
PETITIONERS :
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1. MOHAN JACOB
2. JOY BALRAM, AS4,
3. VINUTHA AIYAPAN,
4. SHYAMALA VELAYUDHAN,
5. RAJESWARI P.,
6. SUSIE ZACHARIAH,
7. VASUDEVAN NAMBOOTHIRI V
BY ADV. SRI.P.RAVEENDRAN PILLAI
WP(C).No. 12626 of 2017 (C)
RESPONDENTS :
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF LAND AND REVENUE, STATE SECRETARIAT, THIRUVANANTHAPURAM. 695001.
2. THE DISTRICT COLLECTOR, CIVIL STATION, KODAPPANAKKUNNU, THIRUVANANTHAPURAM. 695001.
3. THE DEPUTY COLLECTOR,(LAND ACQUISITION) KODAPPANAKKUNNU, THIRUVANANTHAPURAM. 695001.
4. THE DEPUTY COLLECTOR, (LR) KODAPPANAKKUNNU, THIRUVANANTHAPURAM. 695001.
5. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, KERALA STATE HOUSING BOARD, HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM. 695001.
6. THE DELHI METRO CORPORATION LIMITED, FIRST FLOOR, REPRESENTED BY ITS PROJECT DIRECTOR,FIRST FLOOR, AMRITH PLAZA, NAALUMUKKU,PETTA, THIRUVANANTHAPURAM. 695024.
7. THE KERALA RAPID TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TC-4/1636, VELLAYAMBALAM-KOWDIYAR ROAD, KOWDIYAR, THIRUVANANTHAPURAM. 695003.
R1 TO R4 BY GOVERNMENT PLEADER
SRI. SURIN GEORGE IYPE
R5 BY ADV. SRI.MANOJ RAMASWAMY, SC, R6 BY ADV. SMT.LATHA ANAND, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 12626 of 2017 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE SALE DEED IN FAVOUR OF THE 1ST PETITIONER. EXHIBIT P2: TRUE COPY OF SALE DEED IN FAVOUR OF THE 2ND PETITIONER. EXHIBIT P3: TRUE COPY OF THE SALE DEED IN FAVOUR OF THE 3RD PETITIONER. EXHIBIT P4: TRUE COPY OF THE SALE DEED IN FAVOUR OF THE 4TH PETITIONER. EXHIBIT P5: TRUE COPY OF SALE DEED IN FAVOUR OF THE 5TH PETITIONER. EXHIBIT P6: TRUE COPY OF SALE DEED IN FAVOUR OF THE 6TH PETITIONER. EXHIBIT P7: TRUE COPY OF THE SALE DEED IN FAVOUR OF THE 7TH PETITIONER. EXHIBIT P8: TRUE COPY OF THE PHOTOGRAPHS OF THE COMMON AREA WHICH IS TO ACQUIRED BY THE STATE. EXHIBIT P9: TRUE COPY OF NOTIFICATION ISSUED UNDER SECTION 6(1) OF THE SURVEY AND BOUNDARIES ACT. EXHIBIT P10: TRUE COPY OF THE KEY PLAN SHOWING THE AREA TO BE ACQUIRED FOR THE THIRUVANANTHAPURAM LIGHT METRO RAIL PROJECT. EXHIBIT P11: TRUE COPY OF THE LAND TAX RECEIPT OF THE PETITIONERS DATED 1.10.2015. EXHIBIT P12: TRUE COPY OF THE LAND TAX RECEIPT OF THE PETITIONERS DATED 7.12.2016.
WP(C).No. 12626 of 2017 (C)
EXHIBIT P13: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. DATED 13.2.2017. EXHIBIT P14: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE DEPUTY COLLECTOR, THIRUVANANTHAPURAM DATED 1.2.2017. EXHIBIT P15: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE DEPUTY COLLECTOR THIRUVANANTHAPURAM DATED 1.2.2017. EXHIBIT P16: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER TO THE DEPUTY COLLECTOR, THIRUVANANTHAPURAM DATED 1.2.2017. EXHIBIT P17: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER TO THE DEPUTY COLLECTOR, THIRUVANANTHAPURAM DATED 1.2.2017. EXHIBIT P18: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER TO THE DEPUTY COLLECTOR, THIRUVANANTHAPURAM DATED 20.3.2017. EXHIBIT P19: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH PETITIONER TO THE DEPUTY COLLECTOR, THIRUVANANTHAPURAM DATED 10.3.2017. EXHIBIT P20: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 7TH PETITIONER TO THE DEPUTY COLLECTOR, THIRUVANANTHAPURAM DATED 20.2.2017. RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE
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P.B.SURESH KUMAR, J.
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W.P.(C).No.12626 of 2017-C.
= = = = = = = = = = = = = = = Dated this the 14th day of June, 2017.
J U D G M E N T
The grievance voiced by the petitioners in the writ petition concerns the alleged proposal of the respondents to acquire a property owned by them for the Light Metro Project proposed to be implemented in Thiruvananthapuram City.
In the circumstances, the writ petition is closed recording the submission made by the learned Government Pleader.
Sd/- P.B.SURESH KUMAR, JUDGE.
Kvs/-
// true copy //
2 issues framed by the court
Whether the writ petition should be closed pending finalisation of the Light Metro Project alignment.
Whether proceedings for land acquisition can be initiated before finalising the project alignment.
Mohan Jacob
Joy Balram
Vinutha Aiyapan
Shyamala Velayudhan
Rajeswari P.
Susie Zachariah
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
