Disposed

Murali Pallath v. State of Kerala

Kerala HC13 Jun 2022WP(C)/11305/2022

Case brief

AI extract

What is this about?

The petitioner sought directions to protect property from trespass for road widening. The court closed the writ petition recording the respondents' submission that they will proceed only if legal procedures are under-honored, granting liberty to approach the court if such violations occur.

What did the court decide?

The writ petition is closed recording the submissions. The petitioner is granted liberty to move this Court if land is taken over without following statutory procedures.

Murali Pallath Vs State of Kerala — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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MONDAY, THE 13^TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944

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WP(C) NO. 11305 OF 2022

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PETITIONER:

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MURALI PALLATH AGED 52 YEARS S/O P ESWARAN NAMBOODIRI ADVOCATE, HIGH COURT OF KERALA AT ERNAKULAM, PIN-682031, NOW RESIDING AT 2ND FLOOR, SUHAIB HOMES, NAINAKUTTY LANE, SRM ROAD, ERNAKULAM, PIN-682018.(PARTY IN PERSON).

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BY ADV MURALI PALLATH (Party-In-Person)

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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2 THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN-695033.

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3 KERALA ROAD FUND BOARD REPRESENTED BY THE PROJECT DIRECTOR, GROUND FLOOR, BSNL OFFICE BUILDING AT (GMCO), DOORDARSHAN BHAVAN, PMG JUNCTION, THIRUVANANATHAPURAM, PIN-695033.

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4 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, KERALA ROAD FUND BOARD PROJECT MANAGEMENT UNIT, KANNUR DIVISION, 3RD DLOOR, SRI APARTMENTS, OPP.SBI PUTHIYATHERU BRANCH, PUTHIYATHERU, KANNUR DISTRICT, PIN-670011.

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5 THE EXECUTIVE ENGINEER (ROADS) OFFICE OF THE EXECUTIVE ENGINEER (ROADS), KANNUR, KANNUR DISTRICT, PIN-670002.

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WP(C) NO. 11305 OF 2022

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6 THE DISTRICT COLLECTOR CIVIL STATION, KANNUR, KANNUR DISTRICT, PIN-670001.

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7 THE VILLAGE OFFICER KOROM VILLAGE OFFICE, CHALACODE P O, PAYANNUR VIA KANNUR DISTRICT, PIN-670307.

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8 P GANGADHARAN CONVENER, JANAKEEYA COMMITTEE, PAYYANNUR AMBALATHARA MANIYARAVAYAL MATHAMANGALAM ROAD, RENOVATION EMPLOYED AS ASSISTANT SECRETARY, KOROM SERVICE CO-OP BANK, KANAYI P O, PAYYANNUR VIA, KANNUR, PIN-670307.

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9 M/S.IRIKKUR CONSTRUCTION COMPANY REPRESENTED BY THE MANAGING DIRECTOR, M H TOWER, IRIKKUR, KANNUR DISTRICT, PIN-670593.

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SMT.C.S.SHEEJA, SR.GOVT. PLEADER SRI. K.V. MANOJ KUMAR, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11305 OF 2022

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T.R. RAVI, J.

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W. P. (C). No. 11305 of 2022

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Dated this the 13^th day of June, 2022

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JUDGMENT

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The petitioner has approached this Court seeking for a direction to the 6^th respondent to take action to protect the petitioner's property from being trespassed and taken over for widening of the Payyannur Kanayi Maniyaravayal road. The respondents on instructions submit that initially they had wanted to take over the property on mutual negotiation but since the petitioner is not agreeable for the same, they can now only proceed under appropriate proceedings for acquisition of the land if it is required for a public purpose.

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The writ petition is hence closed recording the above submission. The petitioner is at liberty to move the Court, if steps are taken for taking over any portion of his land without following the procedure prescribed under law.

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T.R. RAVI JUDGE

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WP(C) NO. 11305 OF 2022

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APPENDIX OF WP(C) 11305/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF ASSIGNMENT DEED NO.2537/1994 DATED 26.10.1994 OF SRO, MATHAMANGALAM. Exhibit P2 TRUE COPY OF JENMOM NO.192/1998 DATED 27.02.1999 ISSUED BY THE LAND TRIBUNAL, PAYYANNUR. Exhibit P3 TRUE COPY OF ROUGH SKETCH PLAN PREPARED BY THE PETITIONER. Exhibit P4 TRUE COPY OF TAX RECEIPT DATED 11.04.2021 ISSUED BY THE 7TH RESPONDENT Exhibit P5 TRUE COPY OF PROPERTY RECEIPT OF TAX PAID BY THE PETITIONER FOR DOOR NO.9/217/1 DATED 20.07.2021. Exhibit P6 TRUE COPY OF RECEIPT OF TAX PAID BY THE PETITIONER FOR DOOR NO.9/217-2 DATED 20.07.2021. Exhibit P7 TRUE COPY OF RECEIPT OF TAX PAID BY THE PETITIONER FOR DOOR NO.9/217-3 DATED 20.07.2021. Exhibit P8 TRUE COPY OF RECEIPT OF TAX PAID BY THE PETITIONER FOR DOOR NO.9/217-4 DATED 20.07.2021. Exhibit P9 TRUE COPY OF REPRESENTATION DATED 26.01.2020 SUBMITTED BY THE PETITIONER HEREIN AND 49 OTHERS. Exhibit P10 TRUE COPY OF LETTER NO.D3/CMG/2020(1) DATED 10.06.2020 ISSUED BY THE 5TH RESPONDENT.

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WP(C) NO. 11305 OF 2022

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Exhibit P11 TRUE COPY OF E-TENDER WITH REFERENCE NO.PWD/PQ-2020-2021/18496/PD KRFB RECEIVED FROM THE WEBSITE OF GOVT.OF KERALA.

Murali Pallath v. State of Kerala

Case brief

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Murali Pallath v. State of Kerala

Case brief

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