Disposed

Johny Thomas v. the State of Kerala

Kerala HC3 Apr 2018WP(C)/4223/2018

Case brief

AI extract

What is this about?

In WP(C) No.4223 of 2018, petitioners sought an injunction against construction of a bridge without administrative sanction and acquisition proceedings under the Land Acquisition Act, 2013. The court noted the Government Pleader's submission that possession would not be taken without prior sanction and compensation, and disposed of the petition accordingly.

What the court decided

AI extract

Johny Thomas Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940

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PETITIONERS

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1 JOHNY THOMAS,

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S/O.LATE C.P THOMAS, CHAKKIATH HOUSE, CHERANELLOOR P.O, VIA EDAPALLY, KOCHI 682 034

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2 C.M PAUL,

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S/O.LATE MATHEW, CHAKKIATH HOUSE, CHERANELLOOR P.O, VIA EDAPALLY, KOCHI-682 034

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3 GEORGE VARGHESE, S/O. VARGHESE, CHAKKIATH HOUSE, CHERANELLOOR P.O, VIA EDAPALLY,KOCHI 682 034 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER C.K VARGHESE ALIAS KOCHU VARGHESE,AGED 62 YEARS, S/O. KOCHU VAREED, CHAKKIATH HOUSE, CHERANELOOR P.O

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4 JOHN PAUL VARGHESE, S/O. VARGHESE, CHAKKIATH HOUSE, CHERANELLOOR P.O, VIA EDAPALLY,KOCHI 682 034 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER C.K VARGHESE ALIAS KOCHU VARGHESE,AGED 62 YEARS, S/O. KOCHU VAREED, CHAKKIATH HOUSE, CHERANELOOR P.O

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5 JIM PAUL VARGHESE, S/O. VARGHESE, CHAKKIATH HOUSE, CHERANELLOOR P.O, VIA EDAPALLY,KOCHI 682 034 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER C.K VARGHESE ALIAS KOCHU VARGHESE,AGED 62 YEARS, S/O. KOCHU VAREED, CHAKKIATH HOUSE, CHERANELOOR P.O

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6 LOVELY VARGHESE W/O. VARGHESE, CHAKKIATH HOUSE, CHERANELLOOR P.O, VIA EDAPALLY,KOCHI 682 034 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER C.K VARGHESE ALIAS KOCHU VARGHESE,AGED 62 YEARS, S/O. KOCHU VAREED, CHAKKIATH HOUSE, CHERANELOOR P.O

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WP(C).No. 4223 of 2018 ©

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7 SAJU C.J,

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S/O. LATE JOSEPH, CHAKKIATH HOUSE,

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CHERANELLOOR P.O,

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VIA EDAPPALLY, KOCHI-682 034

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BY ADVS.SRI.ABRAHAM P.GEORGE

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SRI.PRAKASH KESAVAN

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SMT.M.SANTHY

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SMT.M.D.BEENA

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RESPONDENTS:

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1. THE STATE OF KERALA

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REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,

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PUBLIC WORKS DEPARTMENT,

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GOVERNMENT SECRETARIAT,

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THIRUVANANTHAPURAM 695 001

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2. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT,

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GOVERNMENT SECRETARIAT,

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THIRUVANANTHAPURAM 695 001

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3. THE CHIEF ENGINEER

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ROADS & BRIDGES,

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PUBLIC OFFICE, MUSEUM P.O,

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THIRUVANANTHAPURAM 695 033.

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4. THE SUPERINTENDING ENGINEER, ROADS & BRIDGES, CENTRAL CIRCLE, NEAR POLICE STATION, ALUVA- 683 101

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5. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, NEAR NGO QUARTERS, KAKKANAD, ERNAKULAM 682 030

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6. THE CHIEF GENERAL MANAGER, REGIONAL OFFICE, NABARD, PUNNAN ROAD, THIRUVANANTHAPURAM- 695 001.

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7. M/S. CREATORS CONSTRUCTIONS REPRESENTED BY MANAGING PARTNER, KURIEKAL BUILDING, EDAPPILLY P.O., KOCHI- 682 024.

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WP(C).No. 4223 of 2018 ©

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8. ELOOR MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL BUILDINGS, ELOOR P.O., ERNAKULAM - 683 572.

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9. CHERANELLOOR PANCHAYATH REPRESENTED BY ITS SECRETARY, CHERANELLOOR P.O., ERNAKULAM- 683 544

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R1 TO R6 BY GOVERNMENT PLEADER SRI. M.R. DHANIL R8 BY ADV. SRI.K.S.ARUNKUMAR, SC, ELOOR MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sdr/06.04.18

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WP(C).No. 4223 of 2018 ©

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APPENDIX

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PETITIONER(S)' --------------	EXHIBITS ----------
EXHIBIT P1	TRUE COPY OF THE TAX 21.04.2017 ISSUED TO FROM THE CHERANELLOOR	RECEIPT NO. M5544491 DATED THE 1ST PETITIONERS VILLAGE OFFICE
EXHIBIT P1(A)	TRUE COPY OF THE TAX 18-09-2017 ISSUED TO CHERANELLOOR VILLAGE	RECEIPT NO.N6023652 DATED THE 2ND PETITIONER FROM THE OFFICE.
EXHIBIT P1(B)	TRUE COPY OF THE TAX 22-01-2018 ISSUED TO THE CHEERANELLOOR VI	RECEIPT NO. M5762493 DATED THE 3 TO 5 PETITIONERS FROM LLAGE OFFICE
EXHIBIT P1(C)	TRUE COPY OF THE TAX 22-01-2018 ISSUED TO CHERANELLOOR VILLAGE	RECEIPT NO.M5762492 DATED THE 6TH PETITIONER FROM THE OFFICE.
EXHIBIT P1(D)	TRUE COPY OF THE TAX 23-01-2018 ISSUED TO CHERANELLOOR VILLAGE	RECEIPT NO.M5762609 DATED THE 7TH PETITIONER FROM THE OFFICE.
EXHIBIT P2	TRUE COPY OF THE NOT	ICE DATED 21-07-2015
EXHIBIT P3	TRUE COPY OF THE CON THE 1ST PETITIONER D RESPONDENT	SENT LETTERS SUBMITTED BY ATED 1/10/2015 BEFORE THE 5TH
EXHIBIT P3(A)	TRUE COPY OF THE CON THE 2ND PETITIONER D RESPONDENT	SENT LETTER SUBMITTED BY ATED 1/10/2015 BEFORE THE 5TH
EXHIBIT P3(B)	TRUE COPY OF THE CON THE POWER OF ATTORNE 6TH PETITIONERS DATE RESPONDENT	SENT LETTER SUBMITTED BY Y HOLDER OF 3RD,4TH,5TH & D 1/10/2015 BEFORE THE 5TH
EXHIBIT P3(C)	TRUE COPY OF THE CON THE 7TH PETITIONER D RESPONDENT	SENT LETTER SUBMITTED BY ATED 1/10/2015 BEFORE THE 5TH
EXHIBIT P4	TRUE COPY OF THE NOT OF FOUNDATION STONE CHERANELLOOR ELOOR C	ICE RELATING TO THE LAYING WITH RESPECT TO THE HOUKA BRIDGE

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RESPONDENTS EXHIBITS NIL -----------------------

/TRUE COPY/

PA TO JUDGE

sdr/06.04.18

SHAJI P.CHALY, J.

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========================

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W.P.(C) No.4223 of 2018

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======================== Dated this the 3^rd day of April 2018

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JUDGMENT

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This writ petition is filed by the petitioners seeking the following relief:

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“I) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 4^th and 5^th respondents not to proceed with the construction of the bridge and approach road connecting Eloor Chouka – Cheranelloor over Muttar river without obtaining administrative sanction from the 1^st and 2^nd respondents for acquisition of properties of the petitioners and without initiating proceedings of acquisition in the interest of justice.”

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Apparently the grievance highlighted by the petitioners is that there is every liklihood of the land belonging to the petitioners are taken possession on account of Ext.P3 series of consent letters provided by the petitioners, without paying compensation in accordance with the provisions of the Land Acquisition Act, 2013.

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Today when the matter is taken up, learned Government Pleader submitted that already administrative sanction is sought and without providing compensation to the petitioners in accordance with law, the land agreed to be surrendered by the petitioners will not be

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W.P.(C) Nos.4223 of 2018

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taken possession. The same is recorded. The writ petition is disposed of accordingly.

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SHAJI P.CHALY JUDGE

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jm/

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\ True copy \ PA to Judge

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W.P.(C) Nos.4223 of 2018

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Johny Thomas v. the State of Kerala

Case brief

What is this about?

What the court decided

Johny Thomas v. the State of Kerala

Case brief

What is this about?

What the court decided

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