IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 14916 OF 2022
PETITIONER:
GREESHMA
AGED 34 YEARS
MULANTHURUTHIL HOUSE, RAMESWARAM VILLAGE,
KOCHI TALUK, PALLURUTHY P.O, ERNAKULAM 682 006
BY ADVS.
S.SUNIL KUMAR (PALAKKAD)
B.S.SURAJ KRISHNA
P.PADMAPRIYA
LEKSHMI S.SEKHER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 DISTRICT COLLECTOR
ALAPPUZHA DISTRICT, CIVIL STATION,
ALAPPUZHA 688 001
3 MUHAMMA GRAMA PANCHAYAT
MUHAMMA P.O, CHERTHALA, ALAPPUZHA 688 525
REPRESENTED BY ITS SECRETARY
4 THE SECRETARY
MUHAMMA GRAMA PANCHAYAT,MUHAMMA P.O, CHERTHALA
ALAPPUZHA 688 525
BY SMT.DEEPA NARAYANAN, SR.GOVT. PLEADER
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.14916/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.14916 of 2022
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Dated this the 14th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of mandamus or any other appropriate writ, order or directions directing the Respondents No-3 and 4 to issue proper notice to Petitioner before initiating any proposal for acquiring Petitioner property. ii. To issue a writ of mandamus or order or direction to Respondent No-1 and 2 to frame a proper mechanism for acquisition of private land for public purposes under Respondent No-3 panchayat.
iii. To pass any other order as this Hon'ble Court deems fit.
(SIC)
2. The main prayer of the petitioner is to issue a direction to respondents 3 and 4 to issue notice to the petitioner, if there is any proposal to acquire her property.
3. When this writ petition came up for consideration W.P.(C).No.14916/2022 3 on 29.04.2022, this Court passed the following order:
"Respondents are directed to issue notice as required under law in case the property belonging to the petitioner is reported for acquisition."
3. Even though notice is issued to the respondents, there is no appearance. In the light of the above fact, the interim order can be made absolute and the writ petition can be disposed.
Therefore, this writ petition is disposed of in the following manner:
1. The interim order dated 29.04.2022 is made absolute.
2. Respondents 3 and 4 can take possession of the property of the petitioner only following the procedure established by law.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.14916/2022
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APPENDIX OF WP(C) 14916/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO
1366/2018 OF PUTHAMBALAM SRO