Petitioners, traders, sought six months time to vacate premises acquired by Neyyattinkara Municipality under the 2013 Act for junction widening. The Court recorded an undertaking for ten days' possession.
Vacant possession to be given to the Land Acquisition Officer within ten days; respondents to evict on non-compliance.
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 MURALI PURUSHOTHAMAN
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
WP(C) NO. 33277 OF 2023
PETITIONERS:
1 UNNIKRISHNAN
AGED 51 YEARS
H/O. SEENA, KRISHNA NIVAS, VADAKODE,
PERUMPAZHATHOOR, NEYYATTINKARA,
THIRUVANANTHAPURAM,
PIN – 695 126.
2REGHUNATHAN NAIR.K
AGED 61 YEARS
H/O. AJITHA, AJITHA BHAVAN,
KOTTARATHALAMELE PUTHEN VEEDU,
VADAKODE, PERUMPAZHATHOOR,
NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN – 695 126.
3UDAYAKUMAR
AGED 60 YEARS
H/O. BHAGYALAKSHMI,
AIKKULATHUPUTHEN VEEDU, VADAKODE,
PERUMPAZHATHOOR,
NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN – 695 126.
4 KUTTAPPAN AGED 66 YEARS H/O. BINDU, K.B NIVAS, PUNNAMOODU, MAMBAZHAKKARA, PERUMPAZHATHOOR, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 126.5SARASWATHY
AGED 75 YEARS
W/O. APPUKUTTAN, ONAMKODE,
CHAYIKKOTTUKONAM, NEYYATTINKARA,
THIRUVANANTHAPURAM,
PIN – 695 581.
6ANILKUMAR. R
AGED 63 YEARS
H/O. SARALA DEVI, THIRUVATHIRA,
PERUMPAZHATHOOR, NEYYATTINKARA,
THIRUVANANTHAPURAM,
PIN – 695 126.
BY ADV LATHEESH SEBASTIAN
WP(C).No.33277 OF 2023
2
RESPONDENTS:
1 DISTRICT COLLECTOR CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN – 695 043.2 LAND ACQUISITION OFFICER AND DEPUTY COLLECTOR (LA) CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN – 695 043.3 TAHSILDAR TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 121.4 VILLAGE OFFICER PERUMPAZHATHOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 121.5 SECRETARY NEYYATTINKARA MUNICIPALITY, MUNICIPAL OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 121.SRI. RIYAL DEVASSY - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.33277 OF 2023
3
JUDGMENT
The petitioners are traders conducting shops at Perumpazhathoor junction in Neyyattinkara Municipality. For the expansion of the
Perumpazhathoor junction, acquisition proceedings were initiated on the requisition of the Municipality.
Pursuant to the acquisition and award of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the petitioners are directed to vacate the premises. The petitioners have approached this Court stating that they could not find out any alternative place for conducting business and require six more months’ time to vacate the premises. Accordingly, this writ petition is filed for the following
reliefs:-
WP(C).No.33277 OF 2023
4
“1. Call for the entire records relating to Exts.P1 to P11 from the respondents;
petitioners, the learned Standing Counsel for the Neyyattinkara Municipality and the learned Government Pleader for other respondents.
of widening the Perumpazhathoor junction as the place is prone to traffic congestions and accidents. It is further submitted that the work for development of the junction has to be completed on or before 31.03.2024 to avoid lapse of plan fund and that the
WP(C).No.33277 OF 2023
5
compensation amount has already been deposited with the Land Acquisition Officer. It is the case of the Municipality that the project cannot be delayed and if any further time is granted to the petitioners to vacate the premises, that will stall the ongoing work of expansion of Perumpazhathoor junction.
Recording the undertaking of the learned counsel for the petitioners that the petitioners will give vacant possession of their holdings to the Land Acquisition Officer, this writ petition is disposed of. The petitioners shall give vacant possession of their holdings to the Land Acquisition Officer within a period of ten days from today. In case the petitioners do not give vacant possession of the premises/holdings, it
WP(C).No.33277 OF 2023
6
will be open to the respondents to evict them in
accordance with law.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.33277 OF 2023
7
APPENDIX
PETITIONER’S EXHIBITS :-
EXHIBIT P1 |
TRUE COPYISSUED BY26.02.2023 |
OFTH |
THEE 5 |
PROPERTY TAX RECEIPTTH RESPONDENT DATED |
|---|---|---|---|---|
EXHIBIT P2 |
TRUE COPYRESPONDENTTHE 1ST PET |
OFDATITIO |
THEEDNER |
NOTICE OF THE 2ND20.09.2023 ISSUED TO |
EXHIBIT P3 |
TRUE COPY |
OF |
THE |
LICENSE OF THE 5TH |
RESPONDENTPETITIONER |
TODATE |
THED 31 |
HOTEL OF THE 2ND.05.2023 |
|
EXHIBIT P4 |
TRUE COPYRESPONDENTTHE 2ND PET |
OFDATITIO |
THEEDNER |
NOTICE OF THE 2ND20.09.2023 ISSUED TO |
EXHIBIT P5 |
TRUE COPY5TH RESPOND |
OF TENT |
HEDATE |
LICENSE ISSUED BY THED 06.11.2006 |
EXHIBIT P6 |
TRUE COPYRESPONDENTTHE 3RD PET |
OFDATITIO |
THEEDNER |
NOTICE OF THE 2ND20.09.2023 ISSUED TO |
EXHIBIT P7 |
TRUE COPY |
OF |
THE |
LICENSE OF THE 5TH |
RESPONDENTPETITIONER |
TODATE |
THED 31 |
BAKERY OF THE 4TH.05.2023 |
|
EXHIBIT P8 |
TRUE COPYRESPONDENTTHE 4TH PET |
OFDATITIO |
THEEDNER |
NOTICE OF THE 2ND20.09.2023 ISSUED TO |
EXHIBIT P9 |
TRUE COPY |
OF |
THE |
NOTICE OF THE 2ND |
RESPONDENTTHE 5TH PET |
DATITIO |
EDNER |
20.09.2023 ISSUED TO |
|
EXHIBIT P10 |
TRUE COPY |
OF |
THE |
LICENSE OF THE 5TH |
RESPONDENTPETITIONER |
TODATE |
THED 22 |
BAKERY OF THE 6TH.06.2020 |
|
EXHIBIT P11 |
TRUE COPY |
OF |
THE |
NOTICE OF THE 2ND |
RESPONDENTTHE 6TH PET |
DATITIO |
EDNER. |
20.09.2023 ISSUED TO |
RESPONDENTS EXHIBITS: NIL.
3 issues framed by the court
Whether the petitioners should be granted six months time to vacate the acquired premises or a shorter period is feasible.
Whether the High Court can grant time to vacate without interfering with the acquisition award.
What period was granted for vacating the acquired property to prevent delay in the municipal development project.
UNNIKRISHNAN AND OTHERS
DISTRICT COLLECTOR CIVIL STATION
LAND ACQUISITION OFFICER AND DEPUTY COLLECTOR
TAHSILDAR
VILLAGE OFFICER PERUMPAZHATHOOR
SECRETARY NEYYATTINKARA MUNICIPALITY
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court