Writ petition challenging road widening and property acquisition was closed fresh on admission after the 2nd respondent filed a statement denying current proposals for 3rd reach of Muthoor road unless due process is followed.
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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941
WP(C).No.1242 OF 2020(E)
PETITIONERS:
1 THOMAS KURIAN, AGED 56 YEARS S/O.K.P. THOMAS, KOVOOR HOUSE, CHUMATHARA P.O. THIRUVALLA, PATHANAMTHITTA DISTRICT 689 103.
3 JOHN ALEXANDER,
S/O. LATE K.J. ALEXANDER,
KOVOOR THEKKEKARA VEEDU,, CHUMATHARA P.O. THIRUVALLA, PATHANAMTHITTA DISTRICT 689 103.
S/O. LATE K.J. ALEXANDER,
KOVOOR THEKKEKARA VEEDU,, CHUMATHARA P.O. THIRUVALLA, PATHANAMTHITTA DISTRICT 689 103
5 THANKACHAN (M.C. MATHEW), S/O. CHACKO, MANTHANATHU KRUPA BHAVAN, PAIPAD, P.C. KAVALA P.O. KOTTAYAM 686 537.
7 GEMINI MATHEW, W/O. THOMAS MATHEW,
KOVOOR HOUSE, CHUMATHARA P.O. THIRUVALLA, PATHANAMTHITTA DISTRICT 689 103.
8 JOSE THOMAS, S/O. THOMAS KOVOOR, KOVOOR HOUSE, CHUMATHARA P.O. THIRUVALLA, PATHANAMTHITTA DISTRICT 689 103.
WP(C).No.1242 OF 2020(E)
2
10 SASIKUMAR, S/O. MADHAVAN, PANTHIRUKALA KIZHAKKETHIL, CHUMATHARA P.O. THIRUVALLA, PATHANAMTTHITTA DISTRICT 689 103.
WP(C).No.1242 OF 2020(E)
3
21 MARIAMMA THOMAS, W/O.K.T. THOMAS, KATTILETH VEEDU, PUNNAKKUNNAM, CHUMATHARA P.O. THIRUVALLA, PATHANAMTHITTA 689 103.
22 UNNIKRISHNAN NAIR, S/O. KOCHUKUNJU PILLAI, THALIMADATHIL, PUNNAKKUNNAM, CHUMATHARA P.O. THIRUVALLA, PATHANAMTHITTA 689 103.
WP(C).No.1242 OF 2020(E)
4
PATHANAMTHITTA 689 103.
31 ABRAHAM KOVOOR,
KOVOOR THEKKEKARA, CHUMATHARA P.O. THIRUVALLA, PATHANAMTHITTA 689 103.
34 MOLLY PUNNOOSE,
W/O. PUNNOOSE, THOMASE KOVOOR, KOVOOR HOUSE, CHUMATHARA P.O. THIRUVALLA, PATHANAMTHITTA DISTRICT 689 103.
WP(C).No.1242 OF 2020(E)
5
BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR
RESPONDENTS:
R2 BY GOVERNMENT PLEADER
VINITHA B GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1242 OF 2020(E)
6
JUDGMENT
This writ petition is filed seeking the following prayers:-
“i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents, to restrain any person or members of any political parties, from widening the road, lying in front of the buildings and properties of the petitioners, after demolishing their compound wall and criminally trespassing upon the properties belonging to them.
ii) Declare that there cannot be any acquisition of the property of the petitioners including forceful dispossession, for widening the road otherwise than by due process of law, including without any recourse to the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”
learned Government Pleader.
7
WP(C).No.1242 OF 2020(E)
road.
respondent wherein it is stated that the properties of the petitioners in the writ petition are situated in the 3rd reach of the Muthoor road and that at present, widening of the road is envisaged only in first two reaches. It is stated that no acquisition or constructional activities are envisaged or contemplated in the 3rd reach of the road. It is further stated that if at all, the road is taken up for expansion and properties of any individual is proposed to be taken for further expansion, such acquisition will be only either on the free will of the property owner or after a due acquisition process, in accordance with law.
The above submissions are recorded. This writ petition is, accordingly, closed.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/07.03.2020
WP(C).No.1242 OF 2020(E)
8
APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NEWS REPORT PUBLISHED IN THE MALAYALA MANORAMA DATED 14.06.2019. EXHIBIT P2 TRUE COPY OF THE NEWS REPORT PUBLISHED IN THE MALAYALA MANORAMA DATED 21.05.2019. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 19.12.2019 OF THIS HON'BLE COURT IN WP(C) NO. 23274/2019.
Thomas Kurian and others
State of Kerala
Secretary, Public Works Department
Chief Engineer, PWD
District Collector, Pathanamthitta
RAD Infrastructure Company Kerala Limited
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
