Joy Ipe vs State Of Kerala

Kerala High Court

Joy Ipe vs State Of Kerala on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                         WP(C) NO. 2566 OF 2017
PETITIONER:

            JOY IPE
            AGED 55 YEARS
            POKUDYIL HOUSE,SH MOUNT.P.O,KOTTAYAM.REPRESENTED BY
            POWER OF ATTORNEY HOLDER,THAMPY IYPE,POKUDIYIL
            HOUSE,S.H.MOUNT.P.O,KOTTAYAM.

            BY ADVS.
            SRI.BECHU KURIAN THOMAS (SR.)
            SRI.GEORGE A.CHERIAN



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY,DEPARTMENT OF PUBLIC
            WORKS,GOVERNMENT SECRETARIAT,TRIVANDRUM-695001.

    2       DISTRICT COLLECTOR
            KOTTAYAM-686001.

    3       KERALA STATE PUBLIC WORKS DEPARTMENT
            REPRESENTED BY CHIEF ENGINEER,TRIVANDRUM-695001.

    4       EXECUTIVE ENGINEER
            KERALA STATE TRANSPORT PROJECT,MUVATTUPUZHA
            DIVISION,PWD REST HOUSE,MUVATTUPUZHA,ERNAKULAM.

            SRI.B.S.SYAMANTAK, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.2566 of 2017


                                     2

                  P.V.KUNHIKRISHNAN,J.
               ---------------------
                  W.P (C) No.2566 of 2017
            ---------------------------
              Dated this the 21st day of May, 2024

                                 JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 to 4 or anybody acting under them from trespassing into or carrying out any work of any nature under the guise of any road widening inside the petitioner's property situated in Sy.No.590/2 of Perumbaikkad Village, Kottayam without initiating proceedings under the land acquisition laws.

ii) Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case." [SIC]

2. When this writ petition came up for consideration on 25.01.2017, this Court passed the following order:-

"Admit.

Govt. Pleader takes notice for the respondents. Ext.P4 communication indicates prima facie that the allegation of the petitioner that road is being formed through the property which is not acquired, is correct. In the circumstances, there will be an interim stay as prayed for."

3. In the light of the above order, no further order is necessary. If the petitioner's property is to be acquired, the W.P (C) No.2566 of 2017 3 authority has to proceed in accordance with law.

With the above observations and recording the order dated 25.01.2017, this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.2566 of 2017 4 APPENDIX OF WP(C) 2566/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 25.07.2015 EXHIBIT P2 TRUE COPY OF THE FILED SKETCH OF PETITIONER'S PROPERTY.

EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S.9/2017 ON THE FILES OF THE MUSIFF'S COURT,ETTUMANOOR EXHIBIT P4 TRUE COPY OF THE LETTER 22.12.2016,NUMBER AS KSTP/M/83K/09 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.