IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 18704 OF 2022
PETITIONER :
PARTHIPAN, AGED 53 YEARS, S/O SURALI RAJ,
ASUPATHY ILLAM, MALLAPPALLY P O, MALLAPALLY
TALUK, PATHANAMTHITTA DISTRICT -689 585.
BY ADVS.VARUGHESE M EASO &
VIVEK VARGHESE P.J.
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, PUBLIC WORKS
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
2 THE DISTRICT COLLECTOR, PATHANAMTHITTA, CIVIL
STATION, PATHANAMTHITTA P O, PIN 689 645.
3 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC WORKS
DEPARTMENT, PATHANAMTHITTA P O, PIN 689 645.
4 THE MANAGING DIRECTOR,
ROAD INFRASTRUCTURE COMPANY KERALA LIMITED,
GANDHI NAGAR 2ND STREET, VAZHUTHAKKADU,
THIRUVANANTHAPURAM 685 014.
5 THE VILLAGE OFFICER, MALLLAPPALLY VILLAGE OFFICE,
MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT.
R1 TO R5 BY SMT. DEEPA V, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.18704 of 2022 2
T.R.RAVI, J.
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W.P(C) No.18704 of 2022
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Dated this the 14th day of June, 2022.
JUDGMENT
The petitioner has approached this Court apprehending that the lands belonging to him will be acquired without following the procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( for short 'the Act').
2. The Government Pleader, on instructions, submits that the stage of notification has not yet reached. The writ petition is hence closed. Needless to say that the respondents will follow the procedure prescribed under the Act for the acquisition of the property of the petitioner for the project of widening the width of Thiruvalla - Mallappally Road, if the said land is found necessary.
Sd/-
T.R.RAVI, JUDGE
amk
W.P(C) No.18704 of 2022 3
APPENDIX OF WP(C) 18704/2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO
3030602548/2022 DATED 12/04/2022 ISSUED BY THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT NO 3030602549/2022 DATED 12/04/2022 ISSUED BY THE 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE PROPERTY TAX RECEIPT NO 1220100100/ G030107 DATED 12/04/2022 ISSUED BY THE MALLAPPALLY GRAMA PANCHAYAT.
Exhibit P4 TRUE COPY OF THE PROPERTY TAX RECEIPT NO 1220100101/ G030107 DATED 12/04/2022 ISSUED BY THE MALLAPPALLY GRAMA PANCHAYAT.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 25/01/2019 IN WP NO 2377 OF 2019 OF THIS HONOURABLE COURT.
Exhibit P6 TRUE COPY THE JUDGMENT OF THIS HONOURABLE COURT DATED 27/11/2019 IN WP NO 24272/2019.