Disposed

Demis Abraham v. the Executive Engineer

Kerala HC10 Nov 2022WP(C)/8900/2022

Case brief

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What is this about?

Petitioners challenged the alignment of a road via a representation. The Kerala High Court disposed of the writ petition by directing the authorities to consider said representation and other related applications after hearing parties within three weeks, clarifying no opinion was rendered on the merits.

What did the court decide?

Direction to the 1st respondent to consider the representation and pass orders after hearing parties within three weeks.

Demis Abraham Vs the Executive Engineer — 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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THURSDAY, THE 10^TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944

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WP(C) NO. 8900 OF 2022

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PETITIONERS:

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1 DEMIS ABRAHAM AGED 47 YEARS, S/O. ABRAHAM, PULIMOOTTIL HOUSE, THODUPUZHA P.O, IDUKKI DISTRICT, PIN 685 584

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2 DANY ABRAHAM S/O. ABRAHAM, PULIMOOTTIL HOUSE, THODUPUZHA P.O, IDUKKI DISTRICT, PIN 685 584

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3 JAMES STEPHEN S/O. STEPHEN, PULIMOOTTIL HOUSE, THODUPUZHA P.O, IDUKKI DISTRICT, PIN 685 584

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4 PRASANNAKUMARI RAVEENDRAN W/O. LATE RAVEENDRAN, MANTHALIRUMPARA HOUSE, THODUPUZHA P.O, IDUKKI DISTRICT PIN 685 584

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5 M N BABU AGED 60 YEARS, S/O. M S NARAYANAN, MANTHALIRUMPARA HOUSE, THODUPUZHA P.O, IDUKKI DISTRICT PIN 685 584

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BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.K.AKHIL

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RESPONDENTS:

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1 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS), THODUPUZHA, IDUKKI PIN 685 584

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2 THE SPECIAL TAHSILDAR (L.A) THODUPUZHA, IDUKKI, PIN 685 584

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WP(C) NO. 8900 OF 2022

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3 THE DISTRICT COLLECTOR COLLECTORATE, THODUPUZHA PIN 685 584.

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SRI.BIMAL K.NATH, SR.GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8900 OF 2022

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T.R. RAVI, J.

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W. P. (C). No. 8900 of 2022

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Dated this the 10^th day of November, 2022

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JUDGMENT

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Petitioners being aggrieved by the alignment of the River View road (Papputty Hall-Vengallur road) had submitted an application before the 2^nd respondent as Ext.P5. The 2^nd respondent has forwarded the same to the 1^st respondent stating his views and for further action. A counter affidavit has been filed by the 2^nd respondent giving details of the work that has been carried out with regard to the road.

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In view of the limited prayer made, this writ petition is disposed of directing the 1^st respondent to consider and pass orders on Ext.P5 representation forwarded to him along with Ext.P6 by the 2^nd respondent and such other applications which may have been preferred by the other petitioners for the same reliefs and pass orders, after hearing the petitioners, at the earliest, at any rate, within three weeks from the date of receipt of a certified copy of this judgment. It is made clear that this Court is not expressing any opinion regarding the merits of the claim made by the petitioners.

Sd/-

T.R. RAVI JUDGE

WP(C) NO. 8900 OF 2022

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APPENDIX OF WP(C) 8900/2022

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PETITIONERS' EXHIBITS

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Exhibit P1 A TRUE ROUGH SKETCH SHOWING THE LIE OF THE PROPERTIES OF THE PETITIONERS AND THE ROAD. Exhibit P2 TRUE COPY OF THE NOTICE IN FORM NO. 4 DATED NIL ISSUED TO THREE PERSONS INCLUDING THE 1ST PETITIONER SEEKING SURRENDER OF THE PROPERTY Exhibit P3 TRUE COPY OF THE FORM NO. 4 NOTICE ISSUED BY THE 3RD RESPONDENT IN FEBRUARY 2022 TO THE PETITIONERS 1,3 AND TWO OTHERS ISSUED TO THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE SUPPLEMENTARY AWARDS PASSED IN FORM NO.12 IN RESPECT OF THE PROPERTY OF THE 4TH PETITIONER DATED 3-2-2022 Exhibit P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 28-2-2022 Exhibit P6 TRUE COPY OF THE LETTER DATED 3-3-2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

Demis Abraham v. the Executive Engineer

Case brief

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Demis Abraham v. the Executive Engineer

Case brief

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