IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 15291 OF 2022
PETITIONERS:
1 CHUDALAMUTHU CHETTIYAR KANNAYYA CHETTIYAR
AGED 86 YEARS
S/O. KANNAYYA CHETTIYAR, KOCHUKARIMPANAKUZHY
PURAYIDOM, CHANDANAPPALLY P.O., ANGALIKKAL VILLAGE,
PATHANAMTHITTA DISTRICT-689648.
2 ANANDHAVALLY AMMAL,
AGED 76 YEARS
W/O. CHUDALAMUTHU CHETTIYAR KANNAYYA CHETTIYAR,
KOCHUKARIMPANAKUZHY PURAYIDOM, CHANDANAPPALLY P.O.,
ANGALIKKAL VILLAGE, PATHANAMTHITTA DISTRICT-689648.
BY ADVS.
JOHNSON MANAYANI
BENHUR JOSEPH MANAYANI
JEEVAN MATHEW MANAYANI
RESPONDENTS:
1 THECHIEF TECHNICAL EXAMINER
OFFICE OF CHIEF TECHNICAL EXAMINER, PULIMOOD,
THIRUVANANTHAPURAM-695001.
2 THE EXECUTIVE ENGINEER,
P.W.D. (ROADS), PATHANAMTHITTA-689645.
3 THE ASST. EXECUTIVE ENGINEER-PWD,
ADOOR P.O., PATHANAMTHITTA DISTRICT-691523.
4 THE STATE OF KERALA
REP. BY ITS SECRETARY TO PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
SMT.K.AMMINIKUTTY -SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15291 OF 2022 2
JUDGMENT
Shri.Johnson Manayani -learned counsel for the petitioners vehemently asserts that, without following due procedure and even without a notification for acquisition, the official respondents are attempting to take over certain extents of property from his clients and contends that this is illegal and unlawful.
2. However, in response, the learned Senior Government Pleader
- Smt.K.Amminikutty, submitted that the afore apprehension of the petitioners is wholly uncalled for, since any step to take over property from them will be done only as per the applicable Statutes, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('Fair Compensation Act' for short). She added that such processes will be initiated through the necessary notifications and thereafter proceeded as per law, strictly following due procedure.
Recording the afore submissions of the learned Senior Government Pleader and since the same would allay the apprehension of the petitioners substantially, if not fully, I dispose of this writ WP(C) NO. 15291 OF 2022 3 petition; however, leaving liberty to the petitioners to approach this Court again, if it is so warranted, in future.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/26.5 WP(C) NO. 15291 OF 2022 4 APPENDIX OF WP(C) 15291/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT OF THE 2ND PETITIONER DATED 25.2.2019 ISSUED BY THE ANGADIKKAL VILLAGE OFFICE.
Exhibit P2 TRUE COPY OF THE COMMON JUDGMENTS IN OS NO.274/1974, IN OS NO.299/1974 AND OS NO.301/1974 OF THE HON'BLE MUNSIFF'S COURT, ADOOR DATED 7.4.1977.
Exhibit P3 TRUE COPY OF THE COMMON JUDGMENTS IN AS NO.55/1977, AS NO.56/1977 AND AS NO.57/1977 OF THE HON'BLE SUB COURT, PATHANAMTHITTA DATED 13.12.1979.
Exhibit P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 1 TO 4 DATED 29.4.2022.