IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 30578 OF 2021
PETITIONER:
GIREESH,
AGED 34 YEARS
THEKKEVILA VEEDU, KUNNANKARA KONAM,
MELTHONNACKAL VILLAGE, THIRUVANANTHAPURAM-695317.
BY ADVS.
P.M.SANEER
SHAJIN S.HAMEED
MELWIN BYJU
RESPONDENTS:
1 SPECIAL DEPUTY COLLECTOR,
LAND ACQUISITION NATIONAL HIGHWAY (LA NH),
KAZHAKOOTAM,
THIRUVANANTHAPURAM-695582.
2 THE SPECIAL TAHASILDAR,
LAND ACQUISITION NATIONAL HIGHWAY (LA NH),
KAZHAKOTTAM,
THIRUVANANTHAPURAM-695582.
3 UMADEVI,
D/O. AMMINIKUTTY, MG BHAVAN,
MELTHONNACKAL VILLAGE,
THONNACKAL P.O.,
THIRUVANANTHAPURAM-695317.
4 AFILASH,
S/O. UMADEVI, M.G. BHAVAN,
MELTHONNACKAL VILLAGE, THONNACKAL P.O.,
THIRUVANANTHAPURAM-695317.
5 ANEESH,
S/O. UMADEVI, M.G. BHAVAN,
MELTHONNACKAL VILLAGE, THONNACKAL P.O.,
THIRUVANANTHAPURAM-695317.
WP(C) NO. 30578 OF 2021
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6 ADDL.R6 THE PROJECT DIRECTOR,
NHAI, THIRUVANANTHAPURAM.
[ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED
24/01/2022 IN WP(C) 30578/2021]
BY ADVS.
J.G.SYAMNATH
SRI. MATHEWS K. PHILIP.
SRI. BIMAL K. NATH, SR.GP,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 30578 OF 2021
3
JUDGMENT
The petitioner is a tenant, who is continuing in the property which is the subject matter of acquisition and belonging to respondents 3 to 5 on the basis of the interim orders of this Court issued in this writ petition. The petitioner had challenged directions to surrender the premises and approached this Court seeking breathing time to shift the workshop which is being conducted.
2. The writ petition has been pending for the past six months and the petitioner has already been granted sufficient time to vacate the premises. The interim order of this Court cannot adversely affect the right of the owners of the property, who are entitled to compensation on account of the acquisition. Since I find that sufficient time has already been granted to the petitioner, I do not think there will be any justification for continuing with the interim orders against dispossession of the petitioner.
In such circumstances, this writ petition is disposed of permitting the petitioner to approach the Competent WP(C) NO. 30578 OF 2021 4 Authority for Land Acquisition (CALA), if he has any subsisting grievance.
The writ petition is closed with the above direction.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 30578 OF 2021 5 APPENDIX OF WP(C) 30578/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN OS NO.427/2021 PENDING IN THE MUNSIFF COURT, ATTINGAL.
Exhibit P2 A TRUE COPY OF THE INJUNCTION ORDER DATED 06/10/2021 IN IA NO.1/2021 IN OS 427/2021 OF MUNSIFF COURT, ATTINGAL.
Exhibit P3 A TRUE COPY OF THE SUMMONS ISSUED BY THE 1ST RESPONDENT, ALONG WITH TYPED COPY, TO SURRENDER THE SHOW ROOM.
Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 20/12/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.